North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 151Nichols & Gorman, book and job printers, 1909 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Results 1-5 of 100
Page 12
... Appeal and Error - Estoppel - Res Judicata - Evidence . When the contents of records in a former suit , upon which a plea in estoppel or res judicata is based , do not appear on appeal , the Supreme Court will not pass upon the question ...
... Appeal and Error - Estoppel - Res Judicata - Evidence . When the contents of records in a former suit , upon which a plea in estoppel or res judicata is based , do not appear on appeal , the Supreme Court will not pass upon the question ...
Page 26
... APPEAL from Guion , J. , Spring Term , 1909 , of BERTIE . This is an action to convert defendant into a trustee for ... appealed . Shepherd & Shepherd and Pruden & Pruden for plaintiff . Winston & Matthews for defendant . as error . PER ...
... APPEAL from Guion , J. , Spring Term , 1909 , of BERTIE . This is an action to convert defendant into a trustee for ... appealed . Shepherd & Shepherd and Pruden & Pruden for plaintiff . Winston & Matthews for defendant . as error . PER ...
Page 60
... Appeal and Error - Fragmentary Appeal - Appeal Dismissed . An appeal from a judgment on an agreement that if negligence on certain issues be found for plaintiff a referee shall be appointed to assess the damages , is premature and will ...
... Appeal and Error - Fragmentary Appeal - Appeal Dismissed . An appeal from a judgment on an agreement that if negligence on certain issues be found for plaintiff a referee shall be appointed to assess the damages , is premature and will ...
Page 61
... appeal will not lie from an interlocutory or a partial judgment of this character . The damages should have been assessed either by the jury or by the referee appointed by the court . If by the referee , he should have reported to the ...
... appeal will not lie from an interlocutory or a partial judgment of this character . The damages should have been assessed either by the jury or by the referee appointed by the court . If by the referee , he should have reported to the ...
Page 70
... appeal ( s . c . , 146 N. C. , 199 ) , the question of proper notice is not material on this appeal . 2. Taxation - Domestic Industrial Corporations - Corporation Com- mission - Notes - Solvent Credits . When a domestic industrial ...
... appeal ( s . c . , 146 N. C. , 199 ) , the question of proper notice is not material on this appeal . 2. Taxation - Domestic Industrial Corporations - Corporation Com- mission - Notes - Solvent Credits . When a domestic industrial ...
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Common terms and phrases
Affirmed agent agreement alleged amount answer appeal authority bill bond cause of action charge cited claim Commissioners complaint contract contributory negligence conveyed corporation County court of equity creditors Curiam damages debt decisions declared deed defendant defendant's demurrer dismissed district duty easement election entitled equity error evidence tending excepted executed facts fendant Filed fraud held Honor indictment injury intestate issue Jones judge judgment jurisdiction jury Justice land liability lien Lumber ment misjoinder Moore mortgage motion negligence nonsuit notice O. H. Allen opinion owner parties payment person plaintiff pleadings present principle purchase purpose question Railroad railroad company reason recover rendered reversible error Revisal rule Smith Southern Railway Company statute statute of limitations stipulation sufficient Superior Court supra sustained tending to show Term testimony thereof tion town tract trial trust Union County verdict wife witness
Popular passages
Page 203 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Page 351 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 343 - Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Page 38 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 7 - ... shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Page 356 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought ; 5.
Page 910 - So a licensee, who enters on premises by permission only, without any enticement, allurement or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils.
Page 454 - Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power.
Page 343 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 44 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...