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. |
From inside the book
Results 1-5 of 66
Page 8
... hands " of the makers of the Constitution , and can only be allowed the effect of influencing , in some degree , the construc- tion of other parts of the instrument . We failed to perceive the force of the argument drawn from the fact ...
... hands " of the makers of the Constitution , and can only be allowed the effect of influencing , in some degree , the construc- tion of other parts of the instrument . We failed to perceive the force of the argument drawn from the fact ...
Page 40
... hand at the time , was inef- fectual to pass title to any particular buggies or to any interest in the buggies on hand ; and the mortgagee cannot maintain an action for the recovery of ten new buggies in the possession of the mortgagor ...
... hand at the time , was inef- fectual to pass title to any particular buggies or to any interest in the buggies on hand ; and the mortgagee cannot maintain an action for the recovery of ten new buggies in the possession of the mortgagor ...
Page 41
... hand at the exe- cution of the mortgage ( more than ten in number ) had been sold by Stilley , and that the buggies claimed by the plaintiff's were made afterwards and not embraced in the mortgage . It denied that title to any ...
... hand at the exe- cution of the mortgage ( more than ten in number ) had been sold by Stilley , and that the buggies claimed by the plaintiff's were made afterwards and not embraced in the mortgage . It denied that title to any ...
Page 43
... hands on ten buggies that happened to be on hand at the death of the debtor , but must be content to take his chances with the other creditors , according to the course of administration . In considering the question it was suggested ...
... hands on ten buggies that happened to be on hand at the death of the debtor , but must be content to take his chances with the other creditors , according to the course of administration . In considering the question it was suggested ...
Page 50
... hands belonging to the defendant , said Shaver was examined in relation to such indebtedness . It was agreed that Shaver's liability depended upon , whether a note executed by the defendant , with Shaver as surety , to one Moore , was ...
... hands belonging to the defendant , said Shaver was examined in relation to such indebtedness . It was agreed that Shaver's liability depended upon , whether a note executed by the defendant , with Shaver as surety , to one Moore , was ...
Other editions - View all
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.