North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 73
Nichols & Gorman, book and job printers, 1875
Cases argued and determined in the Supreme Court of North Carolina.
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action Adm'r administrator admitted agreed alleged allowed amount answer appealed applied appointed asked authorities bank bill bond cause charged claim Clerk complaint consideration Constitution contract counsel creditors damages debt deceased deed defendant demand dollars duty effect election entitled equity error et al evidence exceptions execution facts further give given ground guardian hands held Honor hundred indictment interest issues John Jones Judge judgment jury land matter ment motion N. C. Rep necessary notice objection opinion paid parties payment person plaintiff possession present principle prisoner prove purchase question reason received record recover refused relator respect rule secure sheriff Smith sold statute Superior Court taken Term Thompson tion trial tried trust vote ward whole wife witness
Halaman 144 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Halaman 25 - An action may be brought by the Attorney General, in the name of the people of this State, upon his own information, or upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this State.
Halaman 276 - If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account is involved, by a reference as above...
Halaman 78 - Insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
Halaman 326 - ... only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Halaman 558 - Hen and Hog Buttermilk, such as was manufactured by the defendant, could not be purchased in the open market. The only testimony upon the question of damages was that given by WB Gilbert, who testified as to the amount of profits lost by the plaintiff by reason of the failure of the defendant to supply the former with the article according to the terms of the agreement. This is the only testimony to which counsel for the plaintiff refers in support of his contention that the amount of damages found...
Halaman 222 - No county, city, town, or other municipal corporation shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied, or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of a majority of the qualified voters therein.
Halaman 188 - State, and not exceeding the value of one thousand dollars, shall be exempt from sale under execution, or other final process obtained on any debt. But no property shall be exempt from sale for taxes, or for payment of obligations contracted for the purchase of said premises.