North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 79
Nichols & Gorman, book and job printers, 1878
Cases argued and determined in the Supreme Court of North Carolina.
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according action administrator adverse possession affirmed agreed alleged allowed amount answer appealed applied assignment authority bank bond brought called cause charge cited claim clerk collected complaint constitution contract conveyed counsel creditors damages death debt decided deed defendant defendant's delivered directed discharge effect entitled equity error evidence exception execution executors facts filed give given grant guardian held Honor husband interest intestate issue John Jones Judge judgment jurisdiction jury land liable March matter ment Messrs mortgage motion notice objection opinion paid parties payment plaintiff possession present Probate proceeding proceeds prove provisions purchase question reason received record recover reference refused rule secure sell share Smith sold statute sufficient suit Superior Court surety taken Term tion trial tried trust verdict wife witness
Halaman 670 - It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.
Halaman 666 - One of the tests that a contract has been impaired is, that its value has by legislation been diminished. It is not by the Constitution to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, — dispensing with any part of its force.
Halaman 669 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Halaman 579 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Halaman 666 - It is also settled that the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge, and enforcement.
Halaman 672 - The remedy subsisting in a state when and where a contract is made and is to be performed is a part of its obligation, and any subsequent law of the state which so affects that remedy as substantially to impair and lessen the value of the contract is forbidden by the Constitution, and is, therefore, void.
Halaman 668 - It may, if it thinks proper, direct that the necessary implements of agriculture, or the tools of the mechanic, or articles of necessity in household furniture, shall, like wearing apparel, not be liable to execution on judgments.
Halaman 271 - ... or banking association organized under the authority of this state, or of the United States, shall be assessed and taxed on the value of their shares of stock therein ; said shares shall be included in the valuation of the personal property of such...
Halaman 240 - ... the recorder of the county in which the property is situated, a notice of the pendency of the action...