Horace Gray

“ If a defendant, indeed, after notice of the filing of a bill in equity for an injunction to restrain the building of a house, or of a railroad, or of any other structure, persists in completing the building, the court nevertheless is not deprived of the authority, whenever, in its opinion, justice requires it, to deal with the rights of the parties as they stood at the commencement of the suit, and to compel the defendant to undo what he has wrongfully done since that time, or to answer in damages. ”

“ In a suit by a county to restrain a railroad corporation from building a railroad along a public highway, the supreme court of Iowa held that an order refusing an injunction, though erroneous when made, should not be reversed when the legislature, pending the appeal, had authorized the act complained of. ”

“ We do not deem it proper, therefore, to express an opinion upon the points presented involving the validity of the statute or the regularity of the proceedings under it, for the reason that a decision could not be made effectual by a judgment.' People v. Clark, 70 N. Y. 518.
In the case at bar the whole object of the bill was to secure a right to vote at the election, to be held, as the bill alleged, on the third Tuesday of August, 1895, of delegates to the constitutional convention of South Carolina. ”