North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, 第 103 巻Nichols & Gorman, book and job printers, 1889 Cases argued and determined in the Supreme Court of North Carolina. |
他の版 - すべて表示
多く使われている語句
A. F. Gaither admitted adverse possession Affirmed alleged allowed amended appeal ASHEVILLE Askew assigned cause of action charge Chief Justice cited CIVIL ACTION claim and delivery Clerk Clodfelter Colvert complaint contract counsel County court of equity creditors criminal crop damages debt debtor deceased deed defendant's docketed dollars dower entry equity Erdmann error evidence execution executors facts feme covert Flaum fraud Giles grant guilty held husband indictment indorsement instructions intent issue John Sudderth Jones Judge judgment judgment debtor jurisdiction jury land liability McDowell ment MERRIMON mortgage objection old firm opinion overruled paid parties payee payment person petition plaintiff pleadings possession prisoner proceeding referee refused rendered rule separate estate statute of limitations statute The Code sufficient Superior Court testator testified testimony thereof tiff tion tract treaty of Holston trial verdict void W. S. Sudderth WALLACE wife witness
人気のある引用
38 ページ - ... or made such devise legacy estate interest gift or appointment shall so far only as concerns such person attesting the execution of such will or the wife or husband of such person or any person claiming under such person or wife or husband be utterly null and void...
356 ページ - Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment.
161 ページ - For relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud...
244 ページ - If an injury has resulted In consequence of a certain wrongful act or omission, but only through or by means of some Intervening cause, from which last cause the injury followed as a direct and Immediate consequence, the law will refer the damage to the last or proximate cause, and refuse to trace It to that which was more remote.
159 ページ - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
173 ページ - ... /The obligation of a contract consists in its binding force on the party who makes it. / This depends on the laws in existence when it is made ; these are necessarily referred to in all contracts, and forming a part of them as the measure of the obligation to perform them by the one party, and the right acquired by the other.
423 ページ - This indeed is not very definite ; but larceny, as far as respects the intent with which it is committed, (and the intent here is a material ingredient in the offence), may perhaps correctly be defined thus : Where a man knowingly takes and carries away the goods of another, without any claim or pretence of right, with intent wholly to deprive the owner of them, and to appropriate or convert them to his own use.
21 ページ - All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void...
272 ページ - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention.
421 ページ - ... the fact, denies it ; but this is by no means the only criterion of criminality, for in cases that may amount to larceny, the variety of circumstances is so great, and the complications thereof so mingled, that it is impossible to recount all those which may evidence a felonious intent, or animum furandi ; wherefore they must be left to the due and attentive consideration of the Court and Jury.