Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1862], Both Inclusive, 1권

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464 페이지 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee...
382 페이지 - England the creditor of any one partner may take in execution that partner's interest in a" the tangible property of the partnership, and will thereby become a tenant in common with >.the other partners. This the Plaintiff has done, and we are desired to restrain his execution, because it is alleged that he stands in the shoes of a partner, who would not have a right to molest the other partners until all accounts between them had been settled. But if the other partners wish to take advantage of...
382 페이지 - By the law of England, the creditor of any one partner may take in execution that partner's interest in all the tangible property of the partnership, and' will thereby become a tenant in common with the other partners. This the plaintiff has done, and we are desired to restrain his execution, because it is alleged that he stands in the shoes of a partner, who would not have a right to molest the other partners until all accounts between them had been settled.
410 페이지 - ... in making the ordinary use and taking the ordinary profits of which it is susceptible in its present state ; such acts to be so repeated as to show that they are done in the character of owner, in opposition to right or claim of any other person, and not merely as an occasional trespasser.
225 페이지 - Plaintiffs, and acquitted all the Defendants, unless the Judge, before whom such Cause shall be tried, shall, immediately after the Trial thereof, in open Court, certify upon the Record, under his Hand, that there was a reasonable Cause for the making such Person or Persons a Defendant or Defendants to such Action or Plaint.
258 페이지 - Even when an issue in fact is joined, and comes before a jury for trial, either party, by demurring to evidence, which includes an admission of the fact to which the evidence applies, may so far draw the cause from the cognizance of the jury, for in that case the law is reserved for the decision of the court from which the issue of the fact comes, and the jury is either discharged or at the utmost, only ascertains the damages. "3d. The jury is supposed to be so inadequate to finding...
255 페이지 - Although the jury, if they will take upon them (as Littleton here saith) the knowledge of the law, may give a general verdict, yet it is dangerous for them so to do, for if they do mistake the law, they run into the danger of an attaint; therefore to find the special verdict is the safest where the case is doubtful.
xxi 페이지 - If it did, the loss was excepted from the risk taken by the insurers. The policy contains this express stipulation : " Provided always, and it is hereby declared, that the company shall not be liable to make good any loss or damage by fire which may happen or take place by means of any invasion...
4 페이지 - This high prerogative is inseparably incident to the crown, and the king is intrusted with it upon especial confidence that he will spare those only whose case, could it have been foreseen, the law itself may be presumed willing to have excepted out of its general rules, which the wisdom of man cannot possibly make so perfect as to suit every particular case.
225 페이지 - ... have a verdict pass for him or them, every such person shall have judgment for, and recover his reasonable costs, unless, in the case of a trial, the Judge before whom such cause shall be tried, shall certify upon the record, under his hand, that there was a reasonable cause for making such person a defendant in such action.

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