denial of plaintiff’s writ of mandamus and dismissal of appeal where primary election had been held at the time of the hearing of the appeal
How later courts described this case
- denial of plaintiff’s writ of mandamus and dismissal of appeal where primary election had been held at the time of the hearing of the appeal
Written by the judges who cited it.
The opinion
Moore, J.
The question plaintiff seeks to present on this appeal is academic. The sole relief sought by plaintiff is the issuance of a writ of mandamus requiring the Beaufort County Board of Elections “to permit the filing of plaintiff for the nomination of the Republican Party as Representative of Beaufort County in the Lower House of the General Assembly of the State of North Carolina without the necessity of taking” the pledge as provided for in G.S. 163-119. In
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short, he desires to be a candidate in the Primary Election of 26 May 1962. That Election has been held.
Saunders v. Bulla,
232 N.C. 578 , 61 S.E. 2d 607 ;
Nance v. Winston-Salem,
229 N.C. 732 , 51 S.E. 2d 185 ;
Penland v. Gowan,
229 N.C. 449 , 50 S.E. 2d 182 ;
Rousseau v. Bullis,
201 N.C. 12 , 158 S.E. 553 . Any attempt to grant relief at this juncture would avail him nothing. Should there be a determination on the merits favorable to plaintiff's contention, he could not be certified as the nominee of his Party. Who can say, had he been permitted to file, that one or more persons unfavorable to his candidacy would not also have filed? It is too late for him to become an official nominee of his Party.
Where the question presented to this Court for decision is academic, the prevailing practice is to dismiss the appeal.
Eller v. Wall,
229 N.C. 359 , 49 S.E. 2d 758 ;
Efird v. Comrs. for Forsyth,
217 N.C. 691 , 9 S.E. 2d 466 .
Appeal dismissed.
Robman, J., took no part in the consideration or decision of this case.