Wilson v. Board of Commissioners, 193 N.C. 386 (1927)

March 16, 1927 · Supreme Court of North Carolina
193 N.C. 386

J. M. WILSON et al. v. BOARD OF COMMISSIONERS OF GUILFORD COUNTY et. al.

(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.

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

King, 8app c& Xing for plaintiffs.

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

Per Curiam.

Since this ease was argued in this Court, chapter -559, Public-Local Laws of 1925, was repealed by House Bill 53, Senate Bill 114, duly enacted by the General Assembly of 1927.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.