37 S.E. 263 | N.C. | 1900
CLARK and MONTGOMERY, JJ., dissenting. (244)
This is an action brought for the recovery of the office of member of the Board of Education of HERTFORD. The plaintiff recovered judgment at April Term, 1900, and the defendant appealed. The term of office expired by original limitation on 1 July following, after the rendition of the judgment, and pending the appeal. This destroys the subject matter of the action, rendering futile any further judgment for the plaintiff; and this Court has repeatedly declared that it will not undertake to determine the merits of a case simply for the purpose of deciding who shall pay the admitted costs.Herring v. Pugh,
Appeal dismissed.