From Casetext: Smarter Legal Research

Wilson v. Comrs. of Guilford

Supreme Court of North Carolina
Mar 1, 1927
137 S.E. 146 (N.C. 1927)

Opinion

(Filed 16 March, 1927.)

Appeal and Error — Statutes — Repealing Statutes — Constitutional Law.

The later repeal of a statute attacked for its alleged unconstitutionality renders unnecessary the decision of the Supreme Court on the facts of this case.

CIVIL ACTION, before Lyon, J., at March Term, 1926, of GUILFORD.

King, Sapp King for plaintiffs.

James J. Hoge and E. S. Parker, Jr., for defendants.


This action was instituted to test the constitutionality of chapter 559, Public-Local Laws of 1925. From judgment, declaring the act unconstitutional, the defendants appeal.


Since this case was argued in this Court, chapter 559, Public-Local Laws of 1925, was repealed by House Bill 53, Senate Bill 114, duly enacted by the General Assembly of 1927. The question therefore presented by the record is now merely academic and the decision thereof by this Court would be a useless performance, and the appeal is

Dismissed.


Summaries of

Wilson v. Comrs. of Guilford

Supreme Court of North Carolina
Mar 1, 1927
137 S.E. 146 (N.C. 1927)
Case details for

Wilson v. Comrs. of Guilford

Case Details

Full title:J. M. WILSON ET AL. v. BOARD OF COMMISSIONERS OF GUILFORD COUNTY ET AL

Court:Supreme Court of North Carolina

Date published: Mar 1, 1927

Citations

137 S.E. 146 (N.C. 1927)
193 N.C. 386

Citing Cases

McGuinn v. High Point

Being ultra vires, or beyond the city's reach, they have been disregarded in the consideration of the second…

McGuinn v. High Point

In this view of the matter, it seems unnecessary to discuss the authority of the court to entertain the…