North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 132Nichols & Gorman, book and job printers, 1908 Cases argued and determined in the Supreme Court of North Carolina. |
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Results 1-5 of 100
Page 17
... allegations of the complaint and sets up a special contract , the burden is on the defendant to prove the contract as alleged by him . 2. PLEADINGS - Assumpsit - Contracts - Quantum Meruit . A plaintiff may declare on a special contract ...
... allegations of the complaint and sets up a special contract , the burden is on the defendant to prove the contract as alleged by him . 2. PLEADINGS - Assumpsit - Contracts - Quantum Meruit . A plaintiff may declare on a special contract ...
Page 18
... alleged that he contracted to personally superintend the erection of the mill which the defendant contemplated building , and that the de- fendant promised to pay him therefor what his services were reasonably worth ; that said services ...
... alleged that he contracted to personally superintend the erection of the mill which the defendant contemplated building , and that the de- fendant promised to pay him therefor what his services were reasonably worth ; that said services ...
Page 19
... alleged that the special contract was to pay the plaintiff $ 1,200 , the burden . was upon the defendant to satisfy them by the greater weight of the testimony that this was the contract . " To this in- struction the defendant excepted ...
... alleged that the special contract was to pay the plaintiff $ 1,200 , the burden . was upon the defendant to satisfy them by the greater weight of the testimony that this was the contract . " To this in- struction the defendant excepted ...
Page 20
... allegations , and set up a special contract different in respect to the amount to be paid for the service than that alleged in the complaint , coupled with an averment of pay- ment in accordance therewith . The defendant could well and ...
... allegations , and set up a special contract different in respect to the amount to be paid for the service than that alleged in the complaint , coupled with an averment of pay- ment in accordance therewith . The defendant could well and ...
Page 28
... involved ; that is , the adulterous inter- course of the defendant with her alleged paramour , and its evident tendency was to prejudice the plaintiff . HOPKINS V. HOPKINS . The case of State v . 28 [ 132 IN THE SUPREME COURT .
... involved ; that is , the adulterous inter- course of the defendant with her alleged paramour , and its evident tendency was to prejudice the plaintiff . HOPKINS V. HOPKINS . The case of State v . 28 [ 132 IN THE SUPREME COURT .
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Common terms and phrases
adverse possession Affirmed agent alleged amount answer April 21 bank bond Buncombe County burden Canal Carolina cause of action charge claim Code complaint conductor contract contributory negligence conveyed corporation counsel County court of equity covenant creditors damages Davis debt decision deed defendant defendant appealed defendant excepted defendant's demurrer duty entitled equity error evidence execution facts fendant fraud grant heard by Judge heirs held Honor injury instruction intention interest intestate issue judgment jury Justice LAKE DRUMMOND land liable LUMBER ment mortgage motion non-suit North Carolina notice opinion owner paid parties payment person plaintiff pleadings possession proceeding purchase purpose question railroad company RAILWAY reason received recover rule says Smith statute of limitations sufficient Superior Court sustained TELEGRAPH Term testator testified testimony thereof tiff tion tract train trial trust verdict wife witness
Popular passages
Page 562 - Homestead, 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...
Page 602 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Page 186 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Page 492 - ... or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers
Page 517 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever these may be.
Page 738 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Page 357 - The principal argument of plaintiff in error is addressed to the refusal of the court to direct a verdict in favor of defendant...
Page 636 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 683 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 68 - Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.