(Download) "Benvenue Parent-Teacher Association and Charles L. Johnson v. Nash County Board of Education and Nash County" by Supreme Court of North Carolina No. 16 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Benvenue Parent-Teacher Association and Charles L. Johnson v. Nash County Board of Education and Nash County
- Author : Supreme Court of North Carolina No. 16
- Release Date : January 19, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
When, pending an appeal to this Court, a development occurs, by reason of which the questions originally in controversy between the parties are no longer at issue, the appeal will be dismissed for the reason that this Court will not entertain or proceed with a cause merely to determine abstract propositions of law or to determine which party should rightly have won in the lower court. Kendrick v. Cain, 272 N.C. 719, 159 S.E.2d 33; In re Assignment of School Children, 242 N.C. 500, 87 S.E.2d 911; Savage v. Kinston, 238 N.C. 551, 78 S.E.2d 318; Cochran v. Rowe, 225 N.C. 645, 36 S.E.2d 75; Glenn v. Culbreth, 197 N.C. 675, 150 S.E. 332; Reid v. R.R., 162 N.C. 355, 78 S.E. 306; Wallace v. North Wilkesboro, 151 N.C. 614, 66 S.E. 657; Wikel v. Commissioners, 120 N.C. 451, 27 S.E. 117; Russell v. Campbell, 112 N.C. 404, 17 S.E. 149; Strong, N.C. Index 2d, Appeal and Error, § 9. Such a situation may arise where there has been a settlement and release of the plaintiff's claim following the judgment in the lower court (Kendrick v. Cain, supra), or where, by the repeal of a statute, an administrative board is deprived entirely of a power which the plaintiff sought to restrain it from exercising in alleged disregard of procedural requirements in effect when the judgment below was rendered (In re Assignment of School Children, supra), or where, pending his appeal from a judgment denying restitution to him of certain personal property, the appellant has come into its possession (Russell v. Campbell, supra), or a temporary restraining order having been dissolved, the transaction which the plaintiff sought to enjoin is completed pending the appeal (Wallace v. North Wilkesboro, supra).
 "Benvenue Parent-Teacher Association and Charles L. Johnson v. Nash County Board of Education and Nash County" by Supreme Court of North Carolina No. 16 ~ eBook PDF Kindle ePub Free){kind=link}