North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Svazek 96
Nichols & Gorman, book and job printers, 1887
Cases argued and determined in the Supreme Court of North Carolina.
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action administrator admitted affirmed agent alleged allowed amount answer appeal application appointed approved assigned authority bond brought cause charge cited claim clerk Code commissioners Company complaint Constitution contract conveyed corporation counsel creditors damages death debt deed defendant defendant's demand direction dollars easement effect election entitled error evidence exceptions executed facts filed further give given grant guardian hands heirs held husband intended interest issue John Jones Judge judgment jury land March matter mentioned Messrs mortgage named necessary objection opinion owner paid parties passed payment plaintiff possession present proceeding proper prove purchase qualified question RAILROAD reason received record recover reference refused rendered respect road rule secure Smith sold statute suit Superior Court taken Term tion tract trial trust wife witness
Strana 193 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Strana 239 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Strana 500 - Before judgment, provisionally, on the application of either party, when he establishes a prima facie right to the property, or an interest in the property which is the subject of the action, and which is in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially injured or impaired.
Strana 274 - Middlesex unlawfully and maliciously did print and publish and cause and procure to be printed and published...
Strana 86 - Peace, do hereby certify that and his wife, personally appeared before me this day, and acknowledged the due execution of the within deed of ; and the said being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto.
Strana 469 - Dunham, of said city, or any two of them ; and we do mutually covenant and agree, to and with each other, that the award to be made by the said arbitrators, or any two of them, shall, in all things, by us, and each of us, be well and faithfully kept and observed...
Strana 282 - A conversion in the sense of the law of trover, consists either in the appropriation of the thing to the party's own use and beneficial enjoyment, or in its destruction, or in exercising dominion over it, in exclusion or defiance of the plaintiff's rights, or in withholding the possession from the plaintiff, under a claim of title inconsistent with his own.
Strana 16 - If the demurrer be allowed for the cause mentioned in the fifth subdivision of section one hundred and forty-four, the court may, in its discretion, and upon such terms as may be just, order the action to be divided into as many actions as may be necessary to the proper determination of the causes of action therein mentioned.
Strana 55 - A written engagement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money, at a time specified therein.
Strana 41 - The plaintiff may, thereupon, by an endorsement in writing upon the affidavit, require the sheriff of the county where the property claimed may be, to take the same from the defendant, and deliver it to the plaintiff.