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Saunders v. Bulla

Supreme Court of North Carolina
Nov 1, 1950
61 S.E.2d 607 (N.C. 1950)

Opinion

Filed 1 November, 1950.

Appeal and Error 31e — Where the election sought to be restrained has been held pending the appeal, the appeal will be dismissed.

APPEAL by plaintiff from Bobbitt, J., March Term, 1950, RANDOLPH.

Ottway Burton for plaintiff appellant.

Ferree Gavin for defendant appellees.


Civil action to enjoin the holding of a beer and wine election and to have said election, if held, declared null and void, heard on motion for temporary restraining order.

The court below denied the motion for a temporary restraining order and plaintiff appealed.


The election plaintiff seeks to enjoin was held 25 March 1950 and is now an accomplished fact. Hence the question he seeks to present on this appeal is academic. For that reason the appeal is dismissed on authority of Nance v. Winston, Salem, 229 N.C. 732, 51 S.E.2d 185, and Eller v. Wall, 229 N.C. 359, 49 S.E.2d 758.

Appeal dismissed.


Summaries of

Saunders v. Bulla

Supreme Court of North Carolina
Nov 1, 1950
61 S.E.2d 607 (N.C. 1950)
Case details for

Saunders v. Bulla

Case Details

Full title:ROY SAUNDERS v. T. F. BULLA, ALBERT TAYLOR AND JOHN G. PREVETTE

Court:Supreme Court of North Carolina

Date published: Nov 1, 1950

Citations

61 S.E.2d 607 (N.C. 1950)
61 S.E.2d 607

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