North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volumen68
Nichols & Gorman, book and job printers, 1873
Cases argued and determined in the Supreme Court of North Carolina.
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according action administrator affirmed agent alleged allowed amount answer appeal appointed asked authority bank bill bond cause charge cited CIVIL claim Clerk complaint consideration considered Constitution contract cotton counsel creditors CURIAM debt decision deed defendant effect entitled equity error evidence exception execution executor facts Fall Term filed fraud fund further give given granted ground guardian hands held Honor indictment instructions interest issue John Jones Judge judgment jury Justice land matter ment motion N. C. Rep objected opinion paid parties payment plaintiff possession present principle prisoner proceeding prove purchase question reason received record recover referred refused relation returned rule says sell sold sufficient suit Superior Court taken tion trial tried verdict wife witness
Página 257 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Página 386 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 343 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 461 - The governor shall nominate and, by and with the advice and consent of the senate, (a majority of all the senators elected concurring, by yeas and nays), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.
Página 379 - ... every action prosecuted by the people of the State as a party against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action. Feigned issues shall also be abolished, and the fact at issue tried by order of court before a jury.
Página 84 - the relief stands upon a general principle applying to all the variety of relations in which dominion may be exercised by one person over another," — a principle which was afterwards affirmed by Lord Cottenham in Dent v.
Página 30 - This species of bonds Is a modern invention, intended to pass by manual delivery, and to have the qualities of negotiable paper; and their value depends mainly upon this character. Being Issued by states and corporations, they are necessarily under seal.
Página 74 - The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the courts below, upon any matter of law or legal inference. And the jurisdiction of said court over "issues of fact...
Página 373 - ... transaction or communication between such witness and a person, at the time of such examination, deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.