Legal Opinion · Concurrence

Turner v. McKee

Supreme Court of North Carolina

Decided December 17, 1904Published

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.

1ConcurrenceDouglas, J.

I am much impressed with tbe able and elaborate dissenting opinion of Justice Connor and. heartily agree to nearly all be says, and yet I cannot come to bis conclusion. It may be that I am unduly influenced by my disinclination to permit a public officer to meet a charge of official misconduct with a mere demurrer. I think be should answer, and if be needs any further information for bis defense, let him ask for a bill of particulars or move tbe Court to “require tbe pleading to be made definite and certain by amendment,” as provided in section 261 of Tbe Code.- I cannot think that tbe…

2Cases cited2 opinions

  1. Dyer v. . EllingtonSupreme Court of North Carolina · 1900
  2. State v. . DicksonSupreme Court of North Carolina · 1899

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