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, 3권S. Gales, 1856 |
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100개의 결과 중 1 - 5개
2 페이지
... water . Whatever extent of signification may be given to the words , " employed on water , " we cannot see how they can embrace a case like the present , where the Nash v . Morton . boy's only business in connection 2 IN THE SUPREME COURT .
... water . Whatever extent of signification may be given to the words , " employed on water , " we cannot see how they can embrace a case like the present , where the Nash v . Morton . boy's only business in connection 2 IN THE SUPREME COURT .
4 페이지
... present when the cask in ques- tion was taken out . That the witness was present at the sale of the wreck - property by the commissioner of the district when this cask was sold among the other articles saved . That it was put up , and ...
... present when the cask in ques- tion was taken out . That the witness was present at the sale of the wreck - property by the commissioner of the district when this cask was sold among the other articles saved . That it was put up , and ...
5 페이지
... present at the sale on the beach , and had equal opportunity with the defendant of ascertaining the condition of the brandy . The plaintiff's right to recover was resisted : 1st . Because defendant had no knowledge of the condition of ...
... present at the sale on the beach , and had equal opportunity with the defendant of ascertaining the condition of the brandy . The plaintiff's right to recover was resisted : 1st . Because defendant had no knowledge of the condition of ...
19 페이지
... present application , during which time the executor , who was also the universal legatee , had possession of the estate . He died a short time before the petition was filed . The question is , does this delay , under the circum ...
... present application , during which time the executor , who was also the universal legatee , had possession of the estate . He died a short time before the petition was filed . The question is , does this delay , under the circum ...
26 페이지
... because the Court would not have the sanction of an oath that they were taken correctly . The case very different where the taker is present , swearing to their is Latham v . Simmons . correctness , and , as 26 IN THE SUPREME COURT .
... because the Court would not have the sanction of an oath that they were taken correctly . The case very different where the taker is present , swearing to their is Latham v . Simmons . correctness , and , as 26 IN THE SUPREME COURT .
자주 나오는 단어 및 구문
admitted alleged amount ASSUMPSIT bank bill of sale Bledsoe bond certiorari charged the jury claimed common law contract conveyance County Court Court of Equity creditors CURIAM damages debt debtor deceased deed defendant defendant excepted defendant's counsel DETINUE dollars entitled error estoppel evidence execution fact Fall Term Fayetteville fendant fraud grant Honor instructed the jury intention intestate issue Jones Judge Judgment affirmed Judgment and appeal Judgment reversed justice land Legislature lessor locus in quo matter ment Moore NASH negro nonsuit notes objection opinion paid parties payment person petition petitioner plaintiff plea pleaded possession presumption prisoner probate proof proved purchase question recover rule scire facias sheriff sheriff's deed slave sold Spring Term statute statute of limitations suit Superior Court testator testimony tiff tion tract trial tried trover venire de novo verdict void warrant wife William witness Woodfin writ
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513 페이지 - NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support.
211 페이지 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
442 페이지 - ... shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case, before the time when such repeal shall take effect.
513 페이지 - The judiciary, on the contrary, has no influence over either the sword or the purse ; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment ; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
448 페이지 - But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
51 페이지 - Thus, where land was leased to A. for a year, and so from year to year...
293 페이지 - the principles and rules of the common law, as now universally known and understood, are so strong against fraud in every shape, that the common law would have attained every end proposed by the statutes 13 Eliz. c. 5, and 27 Eliz. c. 4. The former of these statutes relates to creditors only : the latter to purchasers. These statutes cannot receive too liberal a construction, or be too much extended in suppression of fraud.
89 페이지 - The reason is, that it would not be safe, with reference to the administration of justice in the general affairs of trust, that a trustee should be permitted to purchase; . for human infirmity will in very few instances permit a man to exert against himself that providence, which a vendor ought to exert, in order to sell to the best advantage; and which a purchaser is at liberty to exert for himself, in order to purchase at the lowest price.
211 페이지 - The interpretation or construction of the constitution is as much a judicial act, and requires the exercise of the same legal discretion, as the interpretation or construction of a law. To contend that the courts of justice must obey the requisitions of an Act of the legislature when it appears to them to have been passed in violation of the constitution, would be to contend that the law was superior to the constitution, and that the judges had no right to look into it, and regard it as a paramount...
74 페이지 - A seller is unquestionably liable to an action of deceit, if he fraudulently misrepresent the quality of the thing sold to be other than it is in some particulars, which the buyer has not equal means with himself of knowing ; or if he do so in such a manner as to induce the buyer to forbear making the inquiries, which for his own security and advantage he would otherwise have made.