North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 91Nichols & Gorman, book and job printers, 1884 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
Other editions - View all
Common terms and phrases
adjudged administrator adverse possession Affirmed Albright alleged allowed appellee bond certified charge cited and approved CIVIL ACTION claim clerk CODE complaint conductor contract convey counsel court of equity debt deceased declared deed defendant defendant appealed defendant's dollars dower entitled error estoppel evidence exception executed executor fact Fall Term fendant filed granted guilty held indictment intestate Ired issue James Capehart John Jones judge judgment jurisdiction jury justice land license marriage matter ment MERRIMON Messrs mortgage motion objection offence opinion party payment person plaintiff pleadings possession prisoner proceeding proved purpose question RAILROAD record recover reference rendered Richard Taylor rule sheriff's deed SMITH Spring Term statute of limitations superior court testator testified testimony tiff tion trial tried at Spring trust Venire de novo verdict Williams witness writ writ of certiorari Yount
Popular passages
Page 403 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 397 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 72 - A power coupled with an interest" is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word "interest" an interest in that which is to be produced by the exercise of the power, then they are never united. The power to produce the interest must be exercised, and by its exercise is extinguished. The power ceases when the interest commences, and therefore cannot, in accurate law language, be said to...
Page 618 - That no freeman shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used.
Page 58 - And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint...
Page 175 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Page 456 - Laws shall be passed taxing by a uniform rule all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in money...
Page 64 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 72 - A power coupled with an interest' Is a power which accompanies, or is connected with, an interest. The power and the interest are united In the same person. But If we are to understand by the word 'Interest...
Page 413 - No variance between the allegation in a pleading and the proof shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defense, upon the merits.