Nance v. City of Winston-Salem

The election plaintiffs seek to enjoin was held 21 September 1948. Lienee the questions they seek to present on this appeal are now academic. The appeal is therefore dismissed on authority of Eller v. Wall, ante, p. 359, and Penland v. Gowan, ante, p. 449.

But the plaintiffs insist that they, in their complaint, seek also to enjoin the levy of a proposed tax on the residents of the annexed territory, and that therefore the action should not be dismissed but should be retained for the adjudication of the validity of this proposed tax. We do not so construe the complaint.

They allege that if the…