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, 4권S. Gales, 1857 |
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100개의 결과 중 1 - 5개
13 페이지
... plaintiff is the cashier of the bank of Washington . All notes of this bank are made payable to the cashier , and ... plaintiff , he would submit to a nonsuit . On considering the question reserved , his Honor was of opinion adverse to ...
... plaintiff is the cashier of the bank of Washington . All notes of this bank are made payable to the cashier , and ... plaintiff , he would submit to a nonsuit . On considering the question reserved , his Honor was of opinion adverse to ...
17 페이지
... plaintiff's counsel gave no- tice , that he would move , during the term , to set aside the proceeding aforesaid , because the plaintiff had not been noti- fied that the surrender would be made . The motion was ac- cordingly made on ...
... plaintiff's counsel gave no- tice , that he would move , during the term , to set aside the proceeding aforesaid , because the plaintiff had not been noti- fied that the surrender would be made . The motion was ac- cordingly made on ...
18 페이지
... plaintiff's counsel retired from the Court to his chamber , and had no cognizance of the pro- ceeding complained of ... plaintiff appealed to the Supreme Court . Shepherd and J. Winslow , for plaintiff . McKay , for defendant . BATTLE ...
... plaintiff's counsel retired from the Court to his chamber , and had no cognizance of the pro- ceeding complained of ... plaintiff appealed to the Supreme Court . Shepherd and J. Winslow , for plaintiff . McKay , for defendant . BATTLE ...
33 페이지
... plaintiff replied that , within the three years preceding the issuing of the writ , the defendant promised to pay the said note . There was evidence tending to establish the plaintiff's re- plication ; but as the case turned upon the ...
... plaintiff replied that , within the three years preceding the issuing of the writ , the defendant promised to pay the said note . There was evidence tending to establish the plaintiff's re- plication ; but as the case turned upon the ...
41 페이지
... plaintiff , and the debtor was entirely insolvent . Upon the trial below , the jury returned a verdict for the plaintiff by the consent of counsel , with an understanding , that if his Honor was of opinion that the plaintiff was ...
... plaintiff , and the debtor was entirely insolvent . Upon the trial below , the jury returned a verdict for the plaintiff by the consent of counsel , with an understanding , that if his Honor was of opinion that the plaintiff was ...
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accord and satisfaction admitted adverse possession alleged ASSUMPSIT BAILEY bond brought charged the jury claim common law consideration contended contract County Court Court of Equity creditors CURIAM damages debt deceased declaration deed defendant defendant excepted defendant's counsel delivered dollars entitled error evidence execution executor fact Fall Term favor fendant give Honor indictment instructed the jury issue John Jones Judge Judgment affirmed Judgment and appeal Judgment reversed justice land lessor liable matter ment negro Neuse river nonsuit objection opinion paid parties payment person Peter Kerns plaintiff plea possession principle prisoner proved purchaser question Rail Road recover rule sheriff slave sold Spring Term statute of frauds statute of limitations sufficient suit Superior Court sureties testator testimony tiff tion tract trespass trial tried trust venire de novo Verdict and judgment void warrant Williams Wilmington witness writ
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11 페이지 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
225 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
226 페이지 - No court will lend its aid to a man, who founds his cause of action upon an immoral or illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
46 페이지 - Wheeler, of the county and state aforesaid, of the second part, witnesseth: That the said party of the first part for and In consideration of the sum of two hundred and twenty-five dollars to me In hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, alien, convey and confirm unto the said party of the second part...
11 페이지 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
11 페이지 - That retrospective Laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty ; wherefore, no ex post facto Law ought to be made, nor any retrospective oath or restriction be imposed or required.
22 페이지 - There is a recklessness — a wanton disregard of humanity and social duty — in taking, or endeavoring to take, the life of a fellow being in order to save one's self from a comparatively slight wrong, which is essentially wicked and the law abhors.
64 페이지 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
260 페이지 - ... the penalty, or condition of the instrument, from the provisions prescribed by law, shall be valid, and may be put in suit in the name of the State, for the benefit of the person injured by a breach of the condition thereof, in the same manner as if the office had been duly conferred, or the appointment duly made, and as if the penalty and condition of the instrument had conformed to the provisions of law.
29 페이지 - And, on the other hand, that such infidels who either do not believe in a God, or if they do, do not think that He will either reward or punish them in this world or in the next, cannot be witnesses in any case nor under any circumstances, for this plain reason, because an oath cannot possibly be any tie or obligation upon them.