Scott v. . Harrison

SEAWELL and SCHENCK, JJ., concur in dissent. Civil action to recover damage for alleged slander.

Upon former appeal, 215 N.C. 427, 2 S.E.2d 1, this Court reversed the judgment of the Superior Court of Vance County in overruling defendant's demurrer to complaint of plaintiff for that it failed to state facts sufficient to constitute a cause of action.

The record on present appeal states these facts: The opinion, certified by the clerk of Supreme Court, was received by the clerk of Superior Court of said county on 2 May, 1939. On that day plaintiff, without notice to defendant, and without leave…