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
6 페이지
... verdict for the defendant . For this charge , and for the remarks on the return of the jurors , plaintiff's counsel excepted . Judgment for defendant and appeal . Smith , for plaintiff . Pool , for defendant . NASH , C. J. It is ...
... verdict for the defendant . For this charge , and for the remarks on the return of the jurors , plaintiff's counsel excepted . Judgment for defendant and appeal . Smith , for plaintiff . Pool , for defendant . NASH , C. J. It is ...
10 페이지
... Verdict for the plaintiff . Judgment and appeal . Hines , for plaintiff . Pool and Smith , for defendant . NASHI , C. J. We can see no essential difference between this case and that of Grandy v . McCleese , decided at the June Term ...
... Verdict for the plaintiff . Judgment and appeal . Hines , for plaintiff . Pool and Smith , for defendant . NASHI , C. J. We can see no essential difference between this case and that of Grandy v . McCleese , decided at the June Term ...
17 페이지
... verdict of a jury . If the executor wishes to conclude the matter , he may , after probate in " common form , " proceed to have cita- tions issued and propound the will in " solemn form . " Or the next of kin are entitled , of common ...
... verdict of a jury . If the executor wishes to conclude the matter , he may , after probate in " common form , " proceed to have cita- tions issued and propound the will in " solemn form . " Or the next of kin are entitled , of common ...
19 페이지
... verdict in favor of the will , the Court refused to set aside the probate upon the petition of the latter , filed seven years after- wards , although there was no citation on file for them , and their father had not been regularly ...
... verdict in favor of the will , the Court refused to set aside the probate upon the petition of the latter , filed seven years after- wards , although there was no citation on file for them , and their father had not been regularly ...
25 페이지
... Verdict and judgment for plaintiff . Appeal by defendant . Moore and Rodman , for the plaintiff . Winston , Jr. , and Attorney General , for the defendant . BATTLE , J. The precise question which is presented in this case , has not , we ...
... Verdict and judgment for plaintiff . Appeal by defendant . Moore and Rodman , for the plaintiff . Winston , Jr. , and Attorney General , for the defendant . BATTLE , J. The precise question which is presented in this case , has not , we ...
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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.