North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Svazek 96Nichols & Gorman, book and job printers, 1887 Cases argued and determined in the Supreme Court of North Carolina. |
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Strana 13
... exception to the admission of the testimony was taken . II . It cannot be seen that the only source of the witness's information was " a personal transaction or communication between her and the deceased . " III . The plaintiff , if he ...
... exception to the admission of the testimony was taken . II . It cannot be seen that the only source of the witness's information was " a personal transaction or communication between her and the deceased . " III . The plaintiff , if he ...
Strana 35
... exception necessary to be noticed is to the refusal of the Court to permit the executor defendant to prove by said Alexander , that the note secured by the mort- gage and paid over , was not subject to any credit , and fur- ther , that ...
... exception necessary to be noticed is to the refusal of the Court to permit the executor defendant to prove by said Alexander , that the note secured by the mort- gage and paid over , was not subject to any credit , and fur- ther , that ...
Strana 60
... exception by plaintiffs . " There was evidence that the timber or cherry trees were cut on the land covered by the grant , if there was a grant , and that was the only evidence plaintiffs offered of their title to the trees . The Court ...
... exception by plaintiffs . " There was evidence that the timber or cherry trees were cut on the land covered by the grant , if there was a grant , and that was the only evidence plaintiffs offered of their title to the trees . The Court ...
Strana 72
... exception we propose to consider , since this is decisive of the appeal , is the admission of certain testimony , against the defendant's objection , assigned as error , and embraced in his third ex- ception . This exception is thus set ...
... exception we propose to consider , since this is decisive of the appeal , is the admission of certain testimony , against the defendant's objection , assigned as error , and embraced in his third ex- ception . This exception is thus set ...
Strana 99
... exception to the testimony of the plaintiff , upon the ground that it was not admissible under $ 590 of The Code , cannot be sustained . was no personal transaction or , communication between the witness and any deceased person of the ...
... exception to the testimony of the plaintiff , upon the ground that it was not admissible under $ 590 of The Code , cannot be sustained . was no personal transaction or , communication between the witness and any deceased person of the ...
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administrator Affirmed agent alleged allowed answer appeal application appointed assigned Badger bond Carolina cause of action charge cited and approved CIVIL ACTION claim clerk Code commissioners Company complaint contract conveyance conveyed counsel Court of Equity creditors Currituck Shooting Club damages debt deceased declared deed defendant defendant's devised dollars Drewitt Efland election entitled equitable error evidence exceptions executed executor facts Fall Term fee simple feme covert fendant filed fraud grant guardian heirs at law held Hicks husband infant intestate issue John Jones Judge judgment jury Kron Lassiter lien Loftin ment MERRIMON Messrs mortgage mule North Carolina owner paid parties payment plaintiff pleadings possession proceeding purchase money qualified voters Railroad record recover reference refused rule secure Smith sold statute statute of limitations Superior Court surety testator thereof tion Transylvania county trust void vote wife witness
Oblíbené pasáže
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.