North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 82
state, 1880 - Law reports, digests, etc
Cases argued and determined in the Supreme Court of North Carolina.
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admitted affidavit Affirmed Albemarle sound alimony alleged apply bond cause certified charged cited and approved Civil Action claim Com'rs common law complaint constitution contract counsel court of equity creditor David Cole debt deceased declared decree deed defendant defendant appealed defendant's demurrer docket entitled equity error estoppel evidence execution facts Fall Term fendant filed grant held Honor hundred dollars indictment intent intestate Ired issue Jones Eq judge judgment jurisdiction jury justice land Manix ment Merrimon Messrs motion nonsuit objection offence opinion paid party payment petition plaintiff pleadings possession prisoner probate probate court proceeding proof purchase money recover refused rule sheriff sheriff's deed Smith spring term statute suit superior court surety tenant in common testator thereof tiff tion tract trial tried at Fall verdict Walter Clark Whitfield Williams witness writ
Page 495 - They declared, in legal effect, this Court has further said, "that the law in the states shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the states, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color.
Page 527 - Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Page 493 - When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
Page 152 - ... and shall be a lien on the real property, in the county where the same is docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of docketing...
Page 495 - Amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race — the right to exemption from unfriendly legislation against them distinctively as colored; exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps...
Page 494 - In the light of the history of these amendments and the pervading purpose of them, which we have already discussed, it is not difficult to give a meaning to this clause. The existence of laws in the States where the newly emancipated negroes resided, which discriminated with gross injustice and hardship against them as a class, was the evil to be remedied by this clause, and by it such laws are forbidden.
Page 338 - ... there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 411 - That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced, or unsatisfied judgments already obtained thereon, shall be deemed to be discharged and surrendered thereby.
Page 266 - A retrospective statute curing defects in legal proceedings where they are in their nature irregularities only, and do not extend to matters of jurisdiction, is not void on constitutional grounds, unless expressly^ forbidden. Of this class are the statutes to cure irregularities in the assessment of property for taxation and the levy of taxes thereon...
Page 476 - Every homestead, and the dwellings and buildings used therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and...