North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volumen109Nichols & Gorman, book and job printers, 1892 Cases argued and determined in the Supreme Court of North Carolina. |
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Términos y frases comunes
admitted adverse possession affidavit Affirmed alleged answer authority bond cause of action charged the jury cited CIVIL ACTION claim CLARK Clerk complaint contract contributory negligence conveyed counsel County court of equity coverture creditors Davis debt declared deed defendant excepted defendant's demurrer docketed dollars duty engineer entitled equity error estopped estoppel evidence execution facts filed fraud fraudulent grant guilty held Honor husband indictment instruct the jury intended interest intestate issue J. M. Hinson Jones Judge judgment jury Justice land lien ment MERRIMON Messrs mortgage motion negligence North Carolina notice offence owner paid party payment person plaintiff pleadings possession proceeding proper purchaser purpose question Railroad railroad company reason recover refused registered rule Sheriff sold statute The Code sufficient Superior Court supra tenant tending to show testified testimony thereof tiff tion tract trestle trial tried trustee verdict wife William Goss witness
Pasajes populares
Página 89 - A more specific application in the subject of trusts is the equitable doctrine that equity will not allow a trust to fail for want of a...
Página 689 - The validity of the tax can in no way be dependent upon the mode which the State may deem fit to adopt in fixing the amount for any year which it will exact for the franchise. No constitutional objection lies in the way of a legislative body prescribing any mode of measurement to determine the amount it will charge for the privilege it bestows.
Página 689 - If the amount ascertained were specifically imposed as the tax, no objection to its validity would be pretended. And if the inquiry of the State as to the value of the privilege were limited to receipts of certain past years instead of the year in which the tax is collected, it is conceded that the validity of the tax would not be affected ; and if not, we do not see how a reference to the results of any other year could affect its character. There is no levy by the statute on the receipts themselves,...
Página 610 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Página 283 - While we unhesitatingly admit that a State may pass sanitary laws, and laws for the protection of life, liberty, health, or property within its borders; while it may prevent persons and animals suffering under contagious or infectious diseases, or convicts...
Página 740 - When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that...
Página 449 - The burden rested upon the plaintiff to prove by a preponderance of the evidence that the negligence of the defendant was the proximate cause of the decedent's injury.
Página 450 - ... notwithstanding the previous negligence of the plaintiff, if at any time when the injury was committed it might have been avoided by the exercise of reasonable care and prudence on the part of the defendant, an action will lie for damages.
Página 690 - ... States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 599 - For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion ; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent...