North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 76

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Nichols & Gorman, book and job printers, 1877 - Law reports, digests, etc
Cases argued and determined in the Supreme Court of North Carolina.

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Page 104 - The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons, shall be appropriated to the use of the University.
Page 80 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 364 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 365 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Page 246 - The most prominent, if not the only known exceptions to the rule, are those respecting polygamy and incest ; those positively prohibited by the public law of a country, from motives of policy ; and those celebrated in foreign countries by subjects entitling themselves under special circumstances to the benefit of the laws of their own country.
Page 235 - He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted ; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.
Page 135 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Page 209 - If any person shall ravish and carnally mi, p. 177, sec. jjnow any female of the age of ten years or more, by force and against her will, or shall unlawfully and carnally know and abuse any female child under the age of ten years, he shall be punished...
Page 107 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 225 - When n party offers a witness in proof of his cause, he thereby, In general, represents him as worthy of belief. He is presumed to know the character of the witnesses he adduces; and, having thus presented them to the court, the law will not permit the party afterwards to Impeach their general reputation for truth, or to Impugn their credibility by general evidence, tending to show them to be unworthy of belief...

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