North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 84Nichols & Gorman, book and job printers, 1881 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
Other editions - View all
Common terms and phrases
administrator admitted affidavit Affirmed alleged allowed amendment amount answer applied attorney bill bond cause cause of action charge cited and approved claim clerk commissioners complaint contract conveyed counsel court of equity creditors debt debtor declared decree deed defendant defendant's demurrer docket dollars entitled error evidence exception execution executor facts Fall Term fendant filed fraud held Honor indictment intended intestate Ired issue J. A. Smith Jones Eq judge judgment jurisdiction jury justice land liable ment Merrimon Messrs misjoinder mortgage motion nolle prosequi notice objection offence opinion paid parties payment person petitioner plaintiff plaintiff appealed possession probate proceedings prosecutor purchase money question recover refused rendered RUFFIN rule sheriff SMITH sold spring term statute statute of limitations suit superior court surety testator thereof tiff tion tract trial tried at Fall trustee verdict wife witness
Popular passages
Page 504 - 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 489 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 679 - ... 1 of the Constitution of the United States, which provides that no State shall pass any law impairing the obligation of a contract, and also violated that clause of the fourteenth amendment of that instrument, which provides that no State shall deprive any person of property without due process of law.
Page 841 - ... the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 350 - Persons sustaining loss or damage by fire shall forthwith give notice of said loss, in writing, to the company, and, as soon thereafter as possible, render a particular account of such loss, signed and sworn to by them, stating whether any and what other insurance has been made on the same property...
Page 365 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Page 33 - The jurisdiction which every state possesses to determine the civil status and capacities of all its inhabitants involves authority to prescribe the conditions on which proceedings affecting them may be commenced and carried on within its territory.
Page 33 - The state, for example, has absolute right to prescribe the conditions upon which the marriage relation between its own citizens shall be created and the causes for which it may be dissolved.
Page 679 - The Constitution provides that ' ' no State shall pass any law impairing the obligation of contracts...
Page 350 - ... not concerned in the loss as a creditor or otherwise, nor related to the assured, stating that he has examined the circumstances attending the loss, knows the character and circumstances of the assured, and verily believes that the assured has, without fraud, sustained loss on the property described to the amount which such magistrate or notary public shall certify.