Turner v. McKee
Supreme Court of North Carolina
ActioN by C. D. Turner against B. Ii. McKee, beard by Judge H. B. Bryan, at August Term, 1904, of the Superior Court of ORange County. From a judgment for the defendant the plaintiff appealed.
1DissentConner, J.
Recognizing fully the liberality with which under our Code system pleadings are construed “in furtherance of justice” and advancement of the remedy, I cannot concur in the conclusion reached by the Court in this case. I cannot think that it was ever contemplated by the authors of The Code system that a party may maintain an action, not knowing or, if knowing, refusing to inform the Court of the facts upon which his alleged grievance is based. Either the plaintiff is “fishing” for a cause of action, or he is trifling with the Court in bringing the action as he does and refusing to comply with…
2Cases cited5 opinions
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- Dyer v. . EllingtonSupreme Court of North Carolina · 1900
- Wright v. . WheelerSupreme Court of North Carolina · 1847
- Village of Hardwick v. Vermont Telephone & Telegraph Co.Supreme Court of Vermont · 1897
- Drake v. . McMinnSupreme Court of North Carolina · 1845