North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 120Nichols & Gorman, book and job printers, 1897 Cases argued and determined in the Supreme Court of North Carolina. |
Contents
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Common terms and phrases
adjudged administrator admitted affidavit Affirmed alleged Alspaugh amount answer appeal appointed bond capitation tax cents Chamblee charge CIVIL ACTION claim clerk Code Commissioners complaint Constitution contract conveyed counsel court of equity creditors damages debt declared decree deed defendant appellant defendant's demurrer dollars duty election entitled equitable error estopped estoppel evidence execution facts Fall Term fee simple fendant filed fraud Friday Hill Froelich grantor Granville county held Hine Honor intestate issue Judge judgment jury Lamkin land legislature levy liable lien mandamus ment Messrs MONTGOMERY mortgage North Carolina opinion paid parties payment person Pharr plaintiff appellant pleadings poll tax possession probate proceeding property tax purchase question quo warranto RAILROAD COMPANY recover refused registered Riggan rule Section sell sold Spring Term Statute Superior Court supra surety testator thereof tiff tion tract trial trust void wife
Popular passages
Page 563 - Be not the first by whom the new is tried, nor yet the last to lay the old aside.
Page 444 - The general rule is that the measure of damages is the difference between the contract price and the market value of the goods at the time and place of delivery...
Page 305 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of Insurance, whether valid or not, on the property covered In whole or In part by this policy.
Page 148 - ... there is in every case a preliminary question, which is one of law, viz., whether there is any evidence on which the jury could properly find the verdict for the party on whom the onus of proof lies.
Page 211 - It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.
Page 223 - A public office is an agency for the state, and the person whose duty it is to perform this agency is a public officer The essence of it is the duty of performing an agency — that is, of doing some act or acts, or series of acts, for the state.
Page 144 - ... does not include a self-killing by an insane person, whether his unsoundness of mind is such as to prevent him from understanding the physical nature and consequences of his act, or only such as to prevent him, while foreseeing and premeditating its physical consequences, from understanding its moral nature and aspect.
Page 367 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 429 - Constitution, that no one shall be entitled to register without taking an oath to support the Constitution of the state and of the United States, is directed to the registrars.
Page 83 - A voluntary settlement fairly made is always binding in equity upon the grantor, unless there be clear and decisive proof that he never parted, nor intended to part, with the possession of the deed ; and, even if he retains it, the weight of authority is decidedly in favor of its validity, unless there be other circumstances beside the mere fact of his retaining it to show that it was not intended to be absolute.