North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, 120권Nichols & Gorman, book and job printers, 1897 Cases argued and determined in the Supreme Court of North Carolina. |
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69 페이지
... Evidence- Error Cured - Appeal - Practice -- Pleadings as Evi- dence - Breach of Trust - Arrest . 1. Error in ... evidence are not before the jury and cannot be referred to or commented on , as such , unless they have been introduced ...
... Evidence- Error Cured - Appeal - Practice -- Pleadings as Evi- dence - Breach of Trust - Arrest . 1. Error in ... evidence are not before the jury and cannot be referred to or commented on , as such , unless they have been introduced ...
72 페이지
... evidence they should answer the second , third and fourth issues " Yes . " The original answer admits those facts to be true , but they are denied in the amended answer , and we find nothing in the evidence of the defend- ant or other ...
... evidence they should answer the second , third and fourth issues " Yes . " The original answer admits those facts to be true , but they are denied in the amended answer , and we find nothing in the evidence of the defend- ant or other ...
73 페이지
... evidence nor the law . Pleadings as evidence are not before the jury and cannot be referred to or commented on , as such , in the argument , unless they have been introduced like other written evidence . Smith v . Nimocks , 94 N. C. ...
... evidence nor the law . Pleadings as evidence are not before the jury and cannot be referred to or commented on , as such , in the argument , unless they have been introduced like other written evidence . Smith v . Nimocks , 94 N. C. ...
95 페이지
... evidence on the part of plaintiff tending to show that its trees were cut from lands that had been cultivated , known as the " Barnes Old Field " and Beaver Dam Old Field , " The evidence of defendant tended to show that the trees had ...
... evidence on the part of plaintiff tending to show that its trees were cut from lands that had been cultivated , known as the " Barnes Old Field " and Beaver Dam Old Field , " The evidence of defendant tended to show that the trees had ...
96 페이지
... evidence had been im- properly admitted and is not to be considered by them . If , therefore , the court had granted the plaintiff's motion to strike out the evidence , the defendant would have had , even in that case , no ground of ...
... evidence had been im- properly admitted and is not to be considered by them . If , therefore , the court had granted the plaintiff's motion to strike out the evidence , the defendant would have had , even in that case , no ground of ...
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adjudged administrator admitted affidavit Affirmed alleged Alspaugh amount answer appeal appointed bond capitation tax cents Chamblee charge CIVIL ACTION claim clerk Code Commissioners complaint Constitution contract conveyed counsel court of equity creditors damages debt declared decree deed defendant appellant defendant's demurrer dollars duty election entitled equitable error estopped estoppel evidence execution facts Fall Term fee simple fendant filed fraud Friday Hill Froelich grantor Granville county held Hine Honor intestate issue Judge judgment jury Lamkin land legislature levy liable lien mandamus ment Messrs MONTGOMERY mortgage North Carolina opinion paid parties payment person Pharr plaintiff appellant pleadings poll tax possession probate proceeding property tax purchase question quo warranto RAILROAD COMPANY recover refused registered Riggan rule Section sell sold Spring Term Statute Superior Court supra surety testator thereof tiff tion tract trial trust void wife
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563 페이지 - Be not the first by whom the new is tried, nor yet the last to lay the old aside.
444 페이지 - The general rule is that the measure of damages is the difference between the contract price and the market value of the goods at the time and place of delivery...
305 페이지 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of Insurance, whether valid or not, on the property covered In whole or In part by this policy.
148 페이지 - ... there is in every case a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the verdict for the party on whom the onus of proof lies.
211 페이지 - It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.
223 페이지 - A public office is an agency for the state, and the person whose duty it is to perform this agency is a public officer The essence of it is the duty of performing an agency — that is, of doing some act or acts, or series of acts, for the state.
144 페이지 - ... does not include a self-killing by an insane person, whether his unsoundness of mind is such as to prevent him from understanding the physical nature and consequences of his act, or only such as to prevent him, while foreseeing and premeditating its physical consequences, from understanding its moral nature and aspect.
367 페이지 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
429 페이지 - Constitution, that no one shall be entitled to register without taking an oath to support the Constitution of the state and of the United States, is directed to the registrars.
83 페이지 - A voluntary settlement fairly made is always binding in equity upon the grantor, unless there be clear and decisive proof that he never parted, nor intended to part, with the possession of the deed ; and, even if he retains it, the weight of authority is decidedly in favor of its validity, unless there be other circumstances beside the mere fact of his retaining it to show that it was not intended to be absolute.