North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 70
Nichols & Gorman, book and job printers, 1874
Cases argued and determined in the Supreme Court of North Carolina.
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according action administrator agent agreed alleged allowed amount answer appeal applied authority Bank bills bonds cause chap charge cited CIVIL ACTION claim Clerk Commissioners Company complaint consideration Constitution contract counsel creditors CURIAM damages debt deed defendant demand duty easement effect entitled equity error evidence exceptions execution facts Fall further give given grant ground hands held Honor indictment interest Ired issue John Jones Judge judgment jury Justice land matter ment motion N. C. Rep necessary notice objection opinion paid parties pass payment person plaintiff pleadings possession present proceedings prove purchase question reason received record recover reference refused rendered rule settled sheriff sold statute submitted suit Superior Court taken Term tion tract trial tried verdict void wife witness
Page 18 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 606 - Every one has a right to enjoy the fruits and advantages of his own enterprise, industry, skill and credit. He has no right to be protected against competition; but he has a right to be free from malicious and wanton interference, disturbance or annoyance. If disturbance, or loss, come as a result of competition, or the exercise of like rights by others, it is damnum absque injuria, unless some superior right by contract or otherwise is interfered with.
Page 288 - The evidence, consisting as it does in the mere repetition of oral -statements, is subject to much imperfection and mistake ; the party himself either being misinformed or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also, that the witness, by unintentionally altering a few of the expressions really used, gives an effect to the statement completely at variance with what the party actually did say.
Page 92 - that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law, and in such case not with strong hand, nor with multitude of people, but only in a peaceable and easy manner.
Page 640 - But although the covenant be for him and his assigns, yet if the thing to be done be merely collateral to the land, and doth not touch or concern the thing demised in any sort, there the assignee shall not be charged.
Page 714 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal.
Page 83 - And so the Jurors aforesaid, upon their oaths aforesaid, do say, that the said John W. Webster, him, the said George Parkman, in manner and form aforesaid, then and there feloniously, wilfully, and of his malice aforethought, did kill and murder...
Page 387 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.
Page 519 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.