North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 76Nichols & 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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Results 1-5 of 91
Page 1
... facts , upon which the instructions were asked , and the instructions given , are sufficiently stated in the opinion . of this Court . Verdict of guilty . Motion in arrest , and rule for new trial , STATE . BROOKS . overruled and ...
... facts , upon which the instructions were asked , and the instructions given , are sufficiently stated in the opinion . of this Court . Verdict of guilty . Motion in arrest , and rule for new trial , STATE . BROOKS . overruled and ...
Page 2
... facts are as follows : The defendant was living with the husband of the prosecutrix , and usually slept in one end of the house , and the prosecutrix and her hus- band in the other end ; there being a partition wall and door between ...
... facts are as follows : The defendant was living with the husband of the prosecutrix , and usually slept in one end of the house , and the prosecutrix and her hus- band in the other end ; there being a partition wall and door between ...
Page 11
... facts as bearing on the question of the defendant's guilt . In this we think the Judge was mistaken . If there were any statute which made an assault on a policeman an offence of a different grade from one on an unofficial person , as ...
... facts as bearing on the question of the defendant's guilt . In this we think the Judge was mistaken . If there were any statute which made an assault on a policeman an offence of a different grade from one on an unofficial person , as ...
Page 12
... facts presenting the relations between the par- ties and calling for an application of the appropriate prin- ciples of law , may be brought out in evidence and submitted to the jury under proper instructions from the Court . Instead of ...
... facts presenting the relations between the par- ties and calling for an application of the appropriate prin- ciples of law , may be brought out in evidence and submitted to the jury under proper instructions from the Court . Instead of ...
Page 13
... facts of the occurrence in the supposed special verdict , we are required to determine on the guilt of the defendant . It is familiar law , that nothing can be added to a special verdict by inference . If it omits to set forth any fact ...
... facts of the occurrence in the supposed special verdict , we are required to determine on the guilt of the defendant . It is familiar law , that nothing can be added to a special verdict by inference . If it omits to set forth any fact ...
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Common terms and phrases
acre tract administrator affidavit alleged allowed Attorney Bank bond BYNUM certificate of deposit certified cestui que trust charged cited and approved CIVIL ACTION claim Clerk Commissioners complaint Constitution contract counsel County Court of Equity creditors CURIAM David Yates debt deceased deed defendant defendant's demurrer entitled equity error evidence execution facts FAIRCLOTH Fall Term fendant fraud grant guilty held homestead Honor indictment intent interest intestate Isler issue J. G. Moore John Yates Jones Judge Judgment affirmed Judgment reversed jurisdiction Justice land levy liable lien marriage ment Merrimon Messrs mortgage motion opinion paid pardon parties payment person plaintiff possession proceeding promise purchase money question real estate recover RODMAN rule sell Sheriff Sloan sold Spring Term Stancell statute Superior Court T. J. Wilson tenant tiff tion town trial tried at Fall trust usury wife witness Yates
Popular passages
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...