Legal Opinion

Topping v. HYDE COUNTY BOARD OF EDUCATION.

Supreme Court of North Carolina

Decided September 17, 1958No. 29PublishedCited by 2 opinions

1Per curiam

During the argument before us counsel for plaintiff and defendants admitted that pending the appeal the defendants have already entered into the contract, which the plaintiff seeks to enjoin. Since the contract has been made, a court cannot restrain the making of it. The question whether Judge Paul should have enjoined the making of the contract is now academic. Therefore, in accord with many decisions of this Court, the appeal will be dismissed. Efird v. Comrs. of Forsyth, 217 N.C. 691, 9 S.E. 2d 466; Austin v. Dare County, 240 N.C. 662, 83 S.E. 2d 702; Medlin v. Curran, 243 N.C. 691, 91…

2Cases cited5 opinions

  1. Austin v. County of DareSupreme Court of North Carolina · 1954
  2. Efird v. Board of CommissionersSupreme Court of North Carolina · 1940
  3. Walker v. MossSupreme Court of North Carolina · 1957
  4. Archer v. ClineSupreme Court of North Carolina · 1957
  5. Medlin v. CurranSupreme Court of North Carolina · 1956

3Cited by2 opinions

  1. Dawson Construction Co. v. Hyde County Board of EducationSupreme Court of North Carolina · 1961
  2. State ex rel. Utilities Commission v. Council of Southern Greyhound Amalgamated DivisionsSupreme Court of North Carolina · 1967

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