Opinion

Bechtel v. . Weaver

  • 202 N.C. 856
  • 164 S.E. 338
  • 1932 N.C. LEXIS 286
Court
Supreme Court of North Carolina
Filed
Jun 15, 1932
Status
Published
On the bench
PER CURIAM.
Cited by
4 cases
Authority
More cited than 65.3%

stating that, “as the sale which the plaintiff seeks to enjoin has already taken place, there is nothing now to restrain, and the action was properly dismissed”

How later courts described this case

  • stating that, “as the sale which the plaintiff seeks to enjoin has already taken place, there is nothing now to restrain, and the action was properly dismissed”
  • “As the sale which the plaintiff seeks to enjoin has already taken place, there is nothing now to restrain, and the action was properly dismissed. It is not worth while to moot an academic question. Appeal dismissed.” (citation omitted)

Written by the judges who cited it.

The opinion

Per Curiam.

If it be conceded that the defendants’ plea in abatement should have been sustained

(Brown v. Polk,

201 N. C., 375 , 160 S. E., 357 ), still the correct result has been reached in another way, and the judgment will not be disturbed.

Bank v. McCullers,

201 N. C., 440 ;

Rankin v. Oates,

183 N. C., 517 , 112 S. E., 32 . “A new trial will not he granted when the action of the trial judge, even if erroneous, could by no possibility injure the appellant.”

Butts v. Screws,

95 N. C., 215 .

This disposition of the matter renders it unnecessary to consider defendants’ appeal.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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