North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 67Nichols & Gorman, book and job printers, 1872 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 15
... exception to the general rule excluding opinions , founded on the necessity of the case . Best on Evidence , sec . 349 . But there must be some limit to the exception : a witness cannot be allowed absolutely to substitute his judgment ...
... exception to the general rule excluding opinions , founded on the necessity of the case . Best on Evidence , sec . 349 . But there must be some limit to the exception : a witness cannot be allowed absolutely to substitute his judgment ...
Page 34
... exceptions were filed and sustained , on the ground that the items allowed were barred by the statute , held that there was a misconception of the issue , or the issue made was immaterial . Pleadings on both sides being defective ...
... exceptions were filed and sustained , on the ground that the items allowed were barred by the statute , held that there was a misconception of the issue , or the issue made was immaterial . Pleadings on both sides being defective ...
Page 35
... exceptions filed by the plaintiff to the report of a referee , and the defendant appealed . Phillips & Merrimon for the plaintiff . J. H. Headen and Fowle for the defendant . RODMAN , J. In order that this opinion may be intelligible ...
... exceptions filed by the plaintiff to the report of a referee , and the defendant appealed . Phillips & Merrimon for the plaintiff . J. H. Headen and Fowle for the defendant . RODMAN , J. In order that this opinion may be intelligible ...
Page 67
... exceptions , to wit : The defendant excepts to the report of the referee , returned to the present term of the Court , for error in his conclusions of law upon the facts found by him as set forth in his report , in the following ...
... exceptions , to wit : The defendant excepts to the report of the referee , returned to the present term of the Court , for error in his conclusions of law upon the facts found by him as set forth in his report , in the following ...
Page 68
... exceptions to the report of the referee , his Honor , Judge Watts , overruled them , and then , upon the motion of the plaintiff's counsel , confirmed the said report and gave judgment , as therein directed , for the plaintiff , from ...
... exceptions to the report of the referee , his Honor , Judge Watts , overruled them , and then , upon the motion of the plaintiff's counsel , confirmed the said report and gave judgment , as therein directed , for the plaintiff , from ...
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Common terms and phrases
ADM'R alleged allowed amount appeal assumpsit bona fide bona fide purchaser bonds charge Charlotte choses in action cited and approved civil action claim Clerk complaint Confederate money contract convey cotton counsel Court of Equity creditors CURIAM debt debtor declared deed defendant defendant's dollars endorsement entitled equity error evidence EX'R execution executor facts Fall Term filed fraud guardian Harshaw held Honor indictment interest issued J. H. Wilson Jones Judge Judgment affirmed jury Justice land legacy liable ment Merrimon motion North Carolina notice objection opinion paid parties payment person plaintiff plat pleadings possession prisoner proceedings proved purchaser question Railroad Company real estate received recover reference refused rule secured sell sheriff sheriff's deed Smith sold SOUTHERN EXPRESS COMPANY Spring Term statute Superior Court Supreme Court sureties testator tion tract trial Trollinger trust Turner Venire de novo verdict ward wife witness
Popular passages
Page 177 - Court is bound to give such judgment as the Court below ought to have given.
Page 243 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 147 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 4 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Page 451 - The undertaking on appe.al must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.
Page 7 - That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
Page 392 - And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State...
Page 16 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case. Such evidence is received, not as a part of the res gestae of the criminal act itself, but as indicative of a guilty mind.
Page 131 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 242 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.