North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina
Nichols & Gorman, book and job printers, 1902 - Law reports, digests, etc
Cases argued and determined in the Supreme Court of North Carolina.
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adverse possession agreement alleged answer Archer assigns Ayers B. C. Pitt Baltzer Benbow bond cars cause of action charge cited claim Code Commissioners complaint Constitution contract contributory negligence conveyed counsel County coupler damages debt deed defendant appealed defendant's dissenting docket duty engine error estoppel evidence exception executed fact fee simple fendant Filed September fraud Graham County guilty heard by Judge held Hertford County homestead Honor injury instruction issue judgment jury Justice land liable lien lumber machine matter Melton ment mortgage motion Murfreesboro negligence nonsuit North Carolina opinion owner paid party Pasquotank County Pasquotank River payment person plaintiff plaintiff appealed pleadings possession question railroad company Railway Rawls refused rule says September 23 statute Stevenson summons Superior Court sureties T. L. Hamill Term testator testified thereof tiff timber tion township tract trial trust verdict wife witness
Page 85 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 331 - If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.
Page 681 - The act in question, as you interpret it, diminishes the compensation of every judge three per cent, and if it can be diminished to that extent by the name of a tax, it may in the same way be reduced from time to time at the pleasure of the legislature.
Page 799 - Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.
Page 673 - ... passed three several readings, which readings shall have been on three different days, and agreed to by each house respectively, and unless the yeas and nays on the second and third readings of the bill shall have been entered on the journal.
Page 549 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 695 - ... on the trial of any of the offences in this section mentioned it shall not be necessary to prove an intent on the part of the defendant to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged, with an intent to defraud.
Page 141 - Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...