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 3
... regard to the line of division betweeen the jurisdiction of the Superior Court_and the Courts of Justices of the Peace , will be nugatory and will depend upon the option of the plaintiff . The question , as it seems to us , is too plain ...
... regard to the line of division betweeen the jurisdiction of the Superior Court_and the Courts of Justices of the Peace , will be nugatory and will depend upon the option of the plaintiff . The question , as it seems to us , is too plain ...
Page 6
... regard to the fact , that in our case the action is a civil action founded on contract , and falls under the first class . After giving to the subject the degree of considera- tion to which its importance entitled it , we are forced to ...
... regard to the fact , that in our case the action is a civil action founded on contract , and falls under the first class . After giving to the subject the degree of considera- tion to which its importance entitled it , we are forced to ...
Page 7
... regard to the second , we are not able to see any principle . upon which one part of the Constitution can be " a higher law " than the other parts of the same instrument . It is ours to take all of its parts together and declare the ...
... regard to the second , we are not able to see any principle . upon which one part of the Constitution can be " a higher law " than the other parts of the same instrument . It is ours to take all of its parts together and declare the ...
Page 21
... regard to the juror , to authorize this Court to dis- turb the verdict of the jury . As to the other point , that his Honor submitted a question of law to the jury instead of deciding it himself , the counsel is wholly mistaken in ...
... regard to the juror , to authorize this Court to dis- turb the verdict of the jury . As to the other point , that his Honor submitted a question of law to the jury instead of deciding it himself , the counsel is wholly mistaken in ...
Page 35
... regards all items thereof , to which the same is applicable , he pleads to be allowed the benefit of the statute of limitations , " & c . His Honor sustained certain exceptions filed by the plaintiff to the report of a referee , and the ...
... regards all items thereof , to which the same is applicable , he pleads to be allowed the benefit of the statute of limitations , " & c . His Honor sustained certain exceptions filed by the plaintiff to the report of a referee , and the ...
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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.