# Penland v. . Gowan

> Supreme Court of North Carolina · November 10, 1948 · 229 N.C. 449

URL: https://www.frixlaw.com/law-library/cases/3649722

## Case

- **Full name:** L. J. Penland, Bruce Cowan and Fores "Painter v. Tom Gowan, Chairman, Will Hawkins, Member, and Dr. B. A. Dickson, Member, of the County Board of Elections of McDowell County.
- **Court:** Supreme Court of North Carolina
- **Decided:** November 10, 1948
- **Citations:** 229 N.C. 449; 50 S.E.2d 182; 1948 N.C. LEXIS 338
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3649722

## Opinion text

Per Curiam.
A careful examination of the pleadings in this cause discloses that a writ of injunction is the only relief sought by plaintiffs. The only issue of fact raised in the pleadings is directed to the right of the plaintiffs to this relief. The election they seek to enjoin was held 31 August, 1948, and is now an accomplished fact. Hence, the questions plaintiffs seek to present on this appeal are academic. For that reason, the appeal is dismissed on authority of
Eller v. Wall, ante,
359, and the cases there cited.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3649722. Public record. Not legal advice.