Austin v. County of Dare

The court below denied plaintiffs’ application for a temporary restraining order, thus deciding the only question presented at the hearing. Thereafter, Dare County conveyed the lands to the United States of America for the consideration of $50,000.00. It was so stated upon the argument here. The sale and conveyance having been consummated, whether Judge Carr should have restrained the defendants, pen-dente lite, is now an academic question. It is quite obvious that a court cannot restrain the doing of that which has been already consummated. Surety Corp. v. Sharpe, 233 N.C. 644, 65 S.E. 2d…