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
... tion the Court will assume that the plaintiff declares in tort . Under the old mode of procedure there were many instances where plaintiffs had an election to declare in contract or tort . E. G. If one took my horse and sold him , I ...
... tion the Court will assume that the plaintiff declares in tort . Under the old mode of procedure there were many instances where plaintiffs had an election to declare in contract or tort . E. G. If one took my horse and sold him , I ...
Page 5
... tion was to abolish the distinction between debts due on bonds , notes or liquidated accounts stated in writing and signed , & c . , and debts due on parol agreements , or for goods , wares , & c . , sold and delivered , or for work and ...
... tion was to abolish the distinction between debts due on bonds , notes or liquidated accounts stated in writing and signed , & c . , and debts due on parol agreements , or for goods , wares , & c . , sold and delivered , or for work and ...
Page 6
... tion of that venerable institution " the County Court , " which was abolished . Its jurisdiction over wills , letters of administra- tion , & c . , is conferred upon the Judge of Probate , its jurisdic- tion in all civil actions founded ...
... tion of that venerable institution " the County Court , " which was abolished . Its jurisdiction over wills , letters of administra- tion , & c . , is conferred upon the Judge of Probate , its jurisdic- tion in all civil actions founded ...
Page 8
... tion of the declaration of rights had no effect " to tie the 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 ...
... tion of the declaration of rights had no effect " to tie the 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 ...
Page 9
... tion of the Code of Civil Procedure , and tried at the January Term , 1872 , of the Superior Court of NEW HANOVER County , before his Honor Russell , J. The plaintiff declared as endorsee against the defendant , as endorser of an ...
... tion of the Code of Civil Procedure , and tried at the January Term , 1872 , of the Superior Court of NEW HANOVER County , before his Honor Russell , J. The plaintiff declared as endorsee against the defendant , as endorser of an ...
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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.