Opinion
(Filed 20 December, 1911.)
Injunction — Appeal.
On appeal from the refusal of an injunction when it appears that the work has been completed, the appeal will be dismissed.
ACTION in Superior Court of Swain to enjoin defendant from erecting a dam for its electric light plant on Deep River.
F. C. Fisher for plaintiff.
Bryson Black for defendant.
The motion for a restraining order was heard by Webb, J., at chambers, and the motion denied. Plaintiff appealed.
This action was commenced to restrain defendant from building the dam before its erection was begun.
As the court refused to enjoin them, the authorities of defendant proceeded to build the dam, and it is now completed. The matter involved is same as in the other case between same parties at this term, and is governed by that decision.
The judgment is
Affirmed.
(490)