Legal Opinion

State Ex Rel. McLean v. Johnson

Supreme Court of North Carolina

Decided October 17, 1917PublishedCited by 13 opinions

Appeal by defendant from Connor, J., at Fall Term, 1917, of CuM-BEELAND. Tbis proceeding, to disbar tbe defendant, was in tbis Court (171 N. 0., 799), and tbe ruling below, that the Superior Court bad no jurisdiction, was reversed. It now comes up on appeal by tbe solicitor from a ruling that tbe facts found are not sufficient to justify disbarment of defendant.

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Appeal by defendant from Connor, J., at Fall Term, 1917, of CuM-BEELAND. Tbis proceeding, to disbar tbe defendant, was in tbis Court (171 N. 0., 799), and tbe ruling below, that the Superior Court bad no jurisdiction, was reversed. It now comes up on appeal by tbe solicitor from a ruling that tbe facts found are not sufficient to justify disbarment of defendant. Tbe court found as facts that tbe defendant, while bolding license to practice law, was convicted by a jury in tbe Superior Court of Cumberland, at August Term, 1913, of selling wine contrary to law; that at said term there were at…

1Opinion of the CourtClark, C. J.

The court found as a fact that as to the several convictions prior to May, 1915, the defendant believed that be bad a right to-sell, on the ground that the local prohibition law of Cumberland (under which the manufacturer had the right to sell wine made from grapes grown on his own land, in quantities of not more than two gallons) had not been repealed by Revisal, 2061, the State Prohibition Law, which had been ratified on a referendum to the people of the State by a majority of 44,000 votes, and that he had been so advised by an ex-solicitor. This Court has observed, “Ignorance of the law…

2Cases cited15 opinions

  1. McDonald v. MassachusettsSupreme Court of the United States · 1901
  2. Moore v. MissouriSupreme Court of the United States · 1895
  3. In Re Applicants for LicenseSupreme Court of North Carolina · 1906
  4. In the Matter of B. F. Moore, and OthersSupreme Court of North Carolina · 1869
  5. In the Matter of EbbsSupreme Court of North Carolina · 1908

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3Cited by13 opinions

  1. Braverman v. Bar Assn. of Balto.Court of Appeals of Maryland · 1956
  2. Bartos v. United States District CourtCourt of Appeals for the Eighth Circuit · 1927
  3. In Re Northwestern Bonding Co., Inc.Court of Appeals of North Carolina · 1972
  4. Attorney Grievance Commission v. MandelCourt of Appeals of Maryland · 1982
  5. Ex Parte SchenckSupreme Court of North Carolina · 1871

8 more not listed; retrieve them via the Exa API.

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