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.