North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 74Nichols & Gorman, book and job printers, 1876 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 12
... grant a new trial upon the following grounds : 1. The admission of improper testimony ; 2. Misdirection to the jury ; 3. Refusal to give instructions asked . The motion was overruled by the court , and judgment rendered in favor of the ...
... grant a new trial upon the following grounds : 1. The admission of improper testimony ; 2. Misdirection to the jury ; 3. Refusal to give instructions asked . The motion was overruled by the court , and judgment rendered in favor of the ...
Page 69
... grant or withhold , it is likewise refused in the exer- cise of that discretion . From this judgment the petitioners appealed . D. M. Carter , for the appellants . No counsel in this court , contra . BYNUM , J. The right to the relief ...
... grant or withhold , it is likewise refused in the exer- cise of that discretion . From this judgment the petitioners appealed . D. M. Carter , for the appellants . No counsel in this court , contra . BYNUM , J. The right to the relief ...
Page 71
... grant , the estate is then , and not before , vested in him . 2 Bl . , 144 . Therefore , the plaintiff having no estate before entry , cannot maintain trespass or ejectment . 1 Inst . , 46 ; 2 Lil . , 160 . 2. But the question made in ...
... grant , the estate is then , and not before , vested in him . 2 Bl . , 144 . Therefore , the plaintiff having no estate before entry , cannot maintain trespass or ejectment . 1 Inst . , 46 ; 2 Lil . , 160 . 2. But the question made in ...
Page 75
... grant the relief sought in this case , because it was res adjudicata . That at a prior term of the court the defendant had made the same application , when another Judge was presiding , and that it was refused . If this alleged fact had ...
... grant the relief sought in this case , because it was res adjudicata . That at a prior term of the court the defendant had made the same application , when another Judge was presiding , and that it was refused . If this alleged fact had ...
Page 81
... grant relief against excessive valuation of property for taxation ; and from their decision , upon a petition for that purpose , there is no appeal , un- less it appears from the facts found by them as to the valuation of property ...
... grant relief against excessive valuation of property for taxation ; and from their decision , upon a petition for that purpose , there is no appeal , un- less it appears from the facts found by them as to the valuation of property ...
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Common terms and phrases
Adm'r affidavit aforesaid alleged allowed amount assigned Batchelor bay horse Board bond cents certiorari chap charged the jury cited and approved CIVIL ACTION claim Clerk Commissioners complaint Constitution contract conveyed counsel creditors CURIAM damages dant debt deed defendant defendant appealed defendant's Douglas Bell entitled equity error evidence Ex'r execution executor facts Fall Term fee simple fendant filed guardian guilty held Honor hundred dollars indictment intent interest intestate issue Jones Josiah Turner Judge Judgment affirmed land levied locus in quo ment mortgage motion N. C. Rep North Carolina opinion overruled owner paid parties payment person petition plaintiff plaintiff appealed prisoner proceeding prosecutor purchase purpose question railroad recover refused rendered road sheriff sold sorrel horse Spring Term statute Superior Court surety testator thereof tion tract trial trustee verdict Wake county wife William witness
Popular passages
Page 530 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 762 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Page 158 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Page 713 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Page 530 - ... (b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative.
Page 758 - No county, city, town, or other municipal corporation, shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of the majority of the qualified voters therein.
Page 206 - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing signed by the party to be charged thereby ; but this section does not alter the effect of any payment of principal or interest.
Page 712 - Nothing is better settled than that the franchise of a private corporation — which, in its application to a railroad, is the privilege of running it and taking fare and freight — is property, and of the most valuable kind, as it -cannot be taken for public use even, without compensation.
Page 40 - It was a principle settled as early as the time of the Year Books, that whatever alteration of form any property had undergone, the owner might seize it in its new shape, and be entitled to the ownership of it in its state of improvement, if he could prove the identity of the original materials ; as if leather be made into shoes, or cloth into a coat, or a tree be squared into timber...
Page 202 - State court an affidavit, stating that he has reason to believe and does believe that from, prejudice or local influence, he will not be able to obtain justice in such State court.