Russell v. Campbell

Appeal, dismissal of — Disposal of Subject-matter. Where, after an appeal from the refusal of judgment for the restitution of personal property-, the appellant has- come into possession of the property, or its equivalent, this Court will not hear the matter merely to adjudicate the costs, but will dismiss the appeal.

Action of CLAIM AND DELIVERY by plaintiff to recover possession of an engine. Defendant replevied, and .plaintiff and his servants proceeded to remove the property (the defendant being present and objecting), and sold and delivered it to a purchaser in Robeson county. At May Term, 1892, of CUMBERLAND Superior Court the defendant moved for an order requiring plaintiff to return the property forthwith to defendant. His Honor, Boykin, J., refused to grant the same, and defendant appealed. Upon the call of the case in this Court it appeared from statement of counsel that the matter had been settled, “ and that no rights of parties would be affected by the determination of this case, and that the only matter involved is the costs of the action.” Plaintiff’s counsel moved to dismiss.