North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Band 90Nichols & Gorman, book and job printers, 1884 Cases argued and determined in the Supreme Court of North Carolina. |
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administrator affidavit Affirmed alleged application authority bank bond cause of action certified charge cited and approved CIVIL ACTION tried claim clerk CODE commissioners complaint contract corporation counsel court of equity creditors damages death debt debtor deceased declared decree deed defendant appealed defendant's discharge district number dollars Eleanor H entitled error evidence exception execution executor facts Fall Term fee simple held indictment instructions intended intestate Ired issue Jones judge judgment jury justice land liable lien matter Mebane ment MERRIMON Messrs mortgage motion opinion paid party payment plaintiff pleadings possession prisoner proceeding purpose Railroad record recover refused rendered Robeson county rule settled sheriff sheriff's deed SMITH sold Spring Term statute statute of limitations superior court sureties Susan Atkins tenant testator thereof tion tract trial tried at Fall tried at Spring trust verdict wife witness
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Seite 61 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Seite 409 - ... upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized, (a) SEC.
Seite 162 - During the term wherein any judicial act is done, the record remaineth in the breast of the judges of the court, and in their remembrance, and therefore the roll is alterable during that term, as the judges shall direct, but, when that term is past, then the record is in the roll, and admitteth no alteration, averment, or proof to the contrary.
Seite 748 - No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court.
Seite 67 - ... see what alterations, if any, were necessary to make them fit ; this the defendant refused to do. There was also evidence to show that a custom existed among tailors of having garments tried on after they were finished, and then making any alterations which might be necessary to make them fit. The defendant asked the Court to give the following instructions to the jury :
Seite 602 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 749 - The great object of a trial by jury in criminal cases is to guard against a spirit of oppression and tyranny on the part of rulers; and against a spirit of violence and vindictiveness on the part of the people. Indeed, it is often more important to guard against the latter than the former. The sympathies of all mankind are enlisted against the revenge and fury of a single despot, and every attempt will be made to screen his victims.
Seite 152 - ... departed therefrom, with intent to defraud his creditors, or to avoid 'the service of a summons, or keeps himself concealed therein with...
Seite 153 - ... has removed, or is about to remove, property from the State, with intent to defraud his or its creditors; or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete property, with the like intent...
Seite 636 - That she did not intend her heirs at law to take any benefit under her will, or to have any share of her estate. The first proposition appears from the fact that she disposed of all the estate which she possessed at the time the will was made, the residuary clause being sufficient to carry all that...