North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 78Nichols & Gorman, book and job printers, 1878 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Results 1-5 of 86
Page 3
... the carelessnesss of the record , but while it may be regretted , we cannot control it . The record controls us . There is error . PER CURIAM . Judgment reversed . CRAWLEY V. WOODFIN . * State on relation of NANCY JANUARY TERM , 1878 . 3.
... the carelessnesss of the record , but while it may be regretted , we cannot control it . The record controls us . There is error . PER CURIAM . Judgment reversed . CRAWLEY V. WOODFIN . * State on relation of NANCY JANUARY TERM , 1878 . 3.
Page 12
... error . This will be certified , & c . PER CURIAM . Judgment reversed . ELIZABETH H. RAND v . N. G. RAND and others . Practice -- Supplemental Proceedings . 1. A judgment creditor whose execution has been returned unsatisfied can not ...
... error . This will be certified , & c . PER CURIAM . Judgment reversed . ELIZABETH H. RAND v . N. G. RAND and others . Practice -- Supplemental Proceedings . 1. A judgment creditor whose execution has been returned unsatisfied can not ...
Page 26
... error in his instructions . The value of the services and the weight of evidence were mat- ters alone for the jury to determine , and we find nothing to do except to affirm the judgment . The grounds assigned for a new trial were in the ...
... error in his instructions . The value of the services and the weight of evidence were mat- ters alone for the jury to determine , and we find nothing to do except to affirm the judgment . The grounds assigned for a new trial were in the ...
Page 31
... error in the Court below to allow the process to be amended by restoring it to its original form . 3. It is not error in a Court to suspend the trial of an action in order to consider a motion to amend process in another case ...
... error in the Court below to allow the process to be amended by restoring it to its original form . 3. It is not error in a Court to suspend the trial of an action in order to consider a motion to amend process in another case ...
Page 34
... error in allowing the amendment . Let this opinion be certified to the Superior Court of Davie , in order that the error may be corrected , and the process restored to the tenor it had , before the amendment was made . The ap- pellant ...
... error in allowing the amendment . Let this opinion be certified to the Superior Court of Davie , in order that the error may be corrected , and the process restored to the tenor it had , before the amendment was made . The ap- pellant ...
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Common terms and phrases
acres action to recover administrator alleged amount Appeal by defendant Attorney bill bond Burke County BYNUM charge cited and approved CIVIL ACTION claim Clerk common carrier complaint contract costs counsel County Court of Equity creditors CURIAM damages death debt debtor deceased deed defendant defendant's delivered demurrer duty entitled equity error evidence execution executor facts Fall Term fendant fund guano guardian guilty Harrison heirs held homestead Honor Ibid indictment intent intestate issue Jones Judge Judgment affirmed jury Justice land larceny liable lien Magnin Matthews ment Merrimon Messrs mortgage motion offence opinion paid parties payment personal property plaintiff possession prisoner proceedings question real estate reason Referee rule Sheriff Sheriff's deed Simonton SMITH sold statute statute of limitations sufficient Superior Court sureties testator testified tiff tion tract trial tried at Fall verdict wife witness Woodfin
Popular passages
Page 512 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time...
Page 513 - We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 92 - ... it is not one bargain, but two; viz., payment of part, and an agreement without consideration to give up the residue. The courts might very well have held the contrary, and have left the matter to the agreement of the parties, but undoubtedly the law is so settled.
Page 257 - It is the duty of all Courts to confine themselves to the words of the Legislature, nothing adding thereto, nothing diminishing.
Page 513 - But where the facts are admitted or not disputed, and the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot be insisted on as a matter of right.
Page 98 - ... every bailee for hire, who by his labor and skill has imparted an additional value to the goods of another, has a lien upon the property for his reasonable charges in relation to it, and a right to retain it in his possession until those charges are paid.
Page 16 - The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment...
Page 326 - In general, on the sale of goods by a particular description, whether the vendee is able to inspect them or not, it is an implied term of the contract that they shall reasonably answer such description, and if they do not, it is unnecessary to put any .other question to the jury; thus, in Wieler v.
Page 257 - But when the law is clear and explicit, and its provisions are susceptible of but one interpretation, its consequences, if evil, can only be avoided by a change of the law itself, to be effected by legislative, and not judicial action...
Page 549 - issues of fact" and "questions of fact" shall be the same exercised by it before the adoption of the Constitution of one thousand eight...