The Southeastern Reporter, Volume 1West Publishing Company, 1887 - Law reports, digests, etc |
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Common terms and phrases
administrator aforesaid agent alleged amount answer appeal appellee applied assignment authority bill bond Carolina cause of action charge circuit court claim Code commissioner complainant contract conveyed counsel county court coupons court of equity creditors damages David Bush death debt deceased decree deed defendant defendant's demurrer deposition entitled equity evidence exceptions execution executor fact fendant filed fund Grat guardian heirs held interest intestate issue John judgment jurisdiction jury lien Lyons & Co ment MERRIMON misjoinder mortgage motion North Carolina paid parties payment person petition plaintiff in error possession Presbyterian proceedings Profitt purchase money question real estate received record recover reference refused rendered rent Richmond County rule Smith sold statute suit superior court Supreme Court sureties term testator testimony thereof tion to-wit trial trustee verdict Virginia West Virginia Wetzel county wife witness writ
Popular passages
Page 716 - The possession of one tenant in common is the possession of all...
Page 151 - The state not being a party on the record, and the court having jurisdiction over those who are parties on the record, the true question is, not one of jurisdiction, but whether, in the exercise of its jurisdiction, the court ought to make a decree against the defendants ; whether they are to be considered as having a real interest, or as being only nominal parties.
Page 86 - It is contended to be a violation of that part of the constitution of the United States which forbids a state to pass any law impairing the obligation of contracts.
Page 624 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Page 694 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 31 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Page 319 - True it is that generally a trust will not be allowed to fail for want of a trustee; courts of equity will supply one.
Page 516 - And so the Jurors aforesaid, upon their oaths aforesaid, do say, that the said John W. Webster, him, the said George Parkman, in manner and form aforesaid, then and there feloniously, wilfully, and of his malice aforethought, did kill and murder...
Page 814 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 629 - Jones a certain tract or parcel of Land lying and being in the County of Franklin on the Waters of Nicholas Creek, containing three hundred and twenty two acres, more or less...