Moulton v. Logan

This is a suit in equity. A demurrer to the complaint was sustained and plaintiff having refused to plead further a decree of dismissal was entered from which he has appealed.

The only question is whether the complaint states facts sufficient to constitute a cause of suit.

The complaint alleges substantially the following facts: The plaintiff, a member of the police bureau of the city of Portland, and performing the duties of a policeman, was charged by the defendant Harry M. Niles, chief of police, with conduct unbecoming an officer. It is not distinctly alleged what were the acts constituting…