North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 124
Nichols & Gorman, book and job printers, 1899
Cases argued and determined in the Supreme Court of North Carolina.
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action admitted agent agreed alleged allowed amount answer appeal apply assignment authority bank benefit Board cause charge claim Clark Code common complaint considered Constitution contends contract corporation County damages death debt Decided decisions deed defendant defendant's delivered duties engine entitled error evidence excepted executed facts filed fire follows further give given grant hands held hold Honor husband injury instruction insured interest intestate issue Judge judgment jury land Legislature liable limitations March matter Messrs mortgage motion nature necessary negligence notice opinion owner paid parties payment person plain plaintiff possession present prove purchase question Railroad reason received record recover reference refused rendered rule says seems statute street submitted sufficient Superior Court sustained Term tion train trial trust wife witnesses
Page 568 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 718 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his forces dare not cross the threshold of the ruined tenement...
Page 715 - This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers, not herein delegated, remain with the people.
Page 718 - If any act of congress, or of the legislature of a State, violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority, but in a clear and urgent case.
Page 365 - The governor shall nominate and, by and with the advice and consent of the senate, (a majority of all the senators elected concurring, by yeas and nays), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.
Page 237 - It is an instrument of a twofold character. It is at once a receipt and a contract. In the former character it is an acknowledgment of the receipt of property on board his vessel by the owner of the vessel. In the latter it is a contract to carry safely and deliver. The receipt of the goods lies at the foundation of the contract to carry and deliver. If no goods are actually received, there can be no valid contract to carry or to deliver.
Page 862 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 247 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 462 - ... arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they...
Page 409 - That the same has not been taken for a tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or if so seized, that it is, by statute, exempt from such seizure : and 5.