Rousseau v. . Bullis

It was conceded on the argument that the electioii which the defendants, in their counter-action, seek to enjoin, was held 5 May, 1931. Hence, as the gravamen of the cross-action, or the act therein sought to be restrained, is now fait accompli, or a fact accomplished, or “water in the mill-tail,” to quote an expressive phrase from the late Chief Justice Hoke, it would serve no useful purpose to moot an academic question. Rasberry v. Hicks, 199 N. C., 702; Glenn v. Cul breth, 197 N. C., 675, 150 S. E., 332; Kilpatrick v. Harvey, 170 N. C., 668, 86 S. E., 596; Sullivan v. Swain, 199 N. C., 819.