State Ex Rel. Herring v. Pugh
Supreme Court of North Carolina
ActioN FOR. Injunction, pending in Superior Court of Sampson County between the plaintiffs as County Board of Education, under Act 1897, v. the defendants as School Directors under Act 1899. There was judgment rendered in favor of plaintiffs at final hearing before Timberlalce, J., at Chambers, May 31, 1899, and defendants took an appeal to Supreme Court. The plaintiffs had filed no injunction bond.
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ActioN FOR. Injunction, pending in Superior Court of Sampson County between the plaintiffs as County Board of Education, under Act 1897, v. the defendants as School Directors under Act 1899. There was judgment rendered in favor of plaintiffs at final hearing before Timberlalce, J., at Chambers, May 31, 1899, and defendants took an appeal to Supreme Court. The plaintiffs had filed no injunction bond. During the pendency of the appeal the defendants, by a motion in the canse, obtained an injunctive order to restore the possession of the property to the defendants, from Bryan, J., at Chambers,…
1Opinion of the CourtClare, J.
This is an appeal by the plaintiffs from a mandatory injunction granted on a motion in the cause, to restore possession of property to the defendants, Horton v. White, 84 N. C., 297, pending an appeal to this Court by the defendants from an adverse judgment in the main action. On the appeal in the main action the judgment adverse to the defendants has been affirmed, and, the cause of action having thus been terminated, an adjudication upon the merits in this appeal would simply decide an abstract proposition of law, since judgment in this appeal could now have no possible effect but to…
2Cases cited11 opinions
- State v. . ByrdSupreme Court of North Carolina · 1885
- Wikel v. Board of CommissionersSupreme Court of North Carolina · 1897
- Elliott v. . TysonSupreme Court of North Carolina · 1895
- State v. . HorneSupreme Court of North Carolina · 1896
- Hasty v. . FunderburkSupreme Court of North Carolina · 1883
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3Cited by11 opinions
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- Commissioners of Vance County v. GillSupreme Court of North Carolina · 1900
- Pearson v. QuinnSupreme Court of Arkansas · 1914
- Cochran v. . RoweSupreme Court of North Carolina · 1945
- Taylor v. VannSupreme Court of North Carolina · 1900
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