Commissioners of Burke County v. Catawba Lumber Co.

(dissenting) : Dissenting from the judgment of the Court, I think it due alike to the Court and to myself that I should state some of the reasons I have for so doing.

The petition to rehear in my opinion is in violation of the rules of this, Court. It does not only undertake to point out the error of the Court in its opinion as reported in 115 N. C., 590, but it enters into an extensive argument to sustain the petition. This is not allowable, as held by the Court in White v. Jones, 92 N. C., 388, where it is held that such arguments should not be made in the petition but on the argument in…