North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volumen74
Nichols & Gorman, book and job printers, 1876
Cases argued and determined in the Supreme Court of North Carolina.
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action affirmed agreed alleged allowed amount answer appeal applied authority bill BOARD bond called cause chap charge cited claim Clerk collected Commissioners complaint consideration Constitution contract costs counsel CURIAM damages death debt deed defendant dollars effect entitled error evidence excepted execution facts Fall Term filed further give given grant ground guilty hands heard held Honor hundred indictment intent interest issued Judge judgment jury land levied matter mortgage motion moved N. C. Rep necessary notice objection opinion owner paid parties payment person plaintiff possession present prisoner proceeding promise purchase question railroad reason received recover refused rendered road rule secure sheriff sold statute Superior Court taken Term thereof tion tract trial tried trustee verdict wife witness
Página 530 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 762 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Página 158 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony.
Página 713 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Página 530 - ... (b) Incompetency. If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative.
Página 758 - No county, city, town, or other municipal corporation, shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of the majority of the qualified voters therein.
Página 206 - No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing signed by the party to be charged thereby ; but this section does not alter the effect of any payment of principal or interest.
Página 712 - Nothing is better settled than that the franchise of a private corporation — which, in its application to a railroad, is the privilege of running it and taking fare and freight — is property, and of the most valuable kind, as it -cannot be taken for public use even, without compensation.
Página 40 - It was a principle settled as early as the time of the Year Books, that whatever alteration of form any property had undergone, the owner might seize it in its new shape, and be entitled to the ownership of it in its state of improvement, if he could prove the identity of the original materials ; as if leather be made into shoes, or cloth into a coat, or a tree be squared into timber...