North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 69Nichols & Gorman, book and job printers, 1873 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 9
... contract , and right of action they might have had for breach of the contract . The principle governing this case is so well stated in the notes to Cutter v . Powell , 2 Smith , leading cases , pages 32 to 35 , that we will content ...
... contract , and right of action they might have had for breach of the contract . The principle governing this case is so well stated in the notes to Cutter v . Powell , 2 Smith , leading cases , pages 32 to 35 , that we will content ...
Page 10
... contract than to have none at all . In such a case he certainly cannot rescind the contract without prejudice , & c . The position therefore of Mr. Starkie applies to a comparatively small number of cases , & c . It will be observed ...
... contract than to have none at all . In such a case he certainly cannot rescind the contract without prejudice , & c . The position therefore of Mr. Starkie applies to a comparatively small number of cases , & c . It will be observed ...
Page 13
... contract , has often received the commen- dation of this Court as being just and equitable . Take it that when the contract was made in January , 1864 , the understanding was that it could be discharged in Confederate money ; does not ...
... contract , has often received the commen- dation of this Court as being just and equitable . Take it that when the contract was made in January , 1864 , the understanding was that it could be discharged in Confederate money ; does not ...
Page 14
... contracts where the consideration was Confede- rate money to the value of that money at the different stages of its depreciation ; and the other scaling contracts in which the nature of the obligation is not set forth , but where the ...
... contracts where the consideration was Confede- rate money to the value of that money at the different stages of its depreciation ; and the other scaling contracts in which the nature of the obligation is not set forth , but where the ...
Page 33
... contract , but to alter it by adding a condition . ( The above section was repealed by the Act of 1869–270 , chap . 28. ) In an action to foreclose a mortgage , the Judge may , if necessary , refer the mat- ter to the clerk to settle ...
... contract , but to alter it by adding a condition . ( The above section was repealed by the Act of 1869–270 , chap . 28. ) In an action to foreclose a mortgage , the Judge may , if necessary , refer the mat- ter to the clerk to settle ...
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Common terms and phrases
Adm'r administrator affidavit alleged allowed amount appointed attorney Bank Bledsoe bond chap charge cited and approved CIVIL ACTION claim clerk complaint Constitution contract cotton counsel Court of Equity creditors Cumberland county CURIAM Davis debt debtor deceased deed defendant defendant appealed defendant's deposit Dumas entitled equity error evidence Ex'r execution executor facts fee simple ferry fraud guardian heirs homestead Honor husband indictment interest intestate Ired issue John John Neagle Jones Judge Judgment affirmed jurisdiction jury LINEBERGER marriage Martin ment misjoinder motion N. C. Rep Neagle tract NEUSE RIVER Nixon objection opinion paid parties payment person Pipkin plaintiff plea pleadings possession prisoner proceeding purchase question received recover reference refused sell sheriff sold Spring Term statute suit Superior Court Supreme Court sureties testator tion tract of land trial trustee verdict wards water power wife witness
Popular passages
Page 333 - The plaintiff may unite in the same complaint several causes of action whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction, or transactions connected with the same subject of action.
Page 502 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 500 - 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 466 - ... but no suit at law or in equity shall in any case be maintainable by or against such assignee...
Page 459 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 506 - The attempt to use it on the means employed by the government of the Union in pursuance of the constitution is itself an abuse, because it is the usurpation of a power which the people of a single state cannot give.
Page 237 - In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
Page 44 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 506 - ... they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the states.
Page 466 - ... no suit at law or in equity shall, in any case, be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall first have accrued.