North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 77Nichols & Gorman, book and job printers, 1877 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Common terms and phrases
administrator Adrian & Vollers adverse possession affidavit alleged answer arrest assigned bail Bank bonds BYNUM cause of action charge cited and approved CIVIL ACTION claim Clerk complaint Constitution contract conveyed counsel County Court of Equity creditors CURIAM damages debt deceased deed defendant defendant's duty entitled to recover equity error evidence execution executor fact FAIRCLOTH fendant filed fraud grant Guano heirs Held homestead Honor Ibid indictment intent intestate issues J. M. Edwards John Fairley Jones Judge Judgment affirmed jurisdiction jury Justice land legatees marriage ment Merrimon Messrs mortgage motion North Carolina notice opinion paid partnership party payment person plaintiff pleadings possession prisoner Probate proceedings question refused RODMAN sell Sheriff sold Spring Term statute statute of limitations Superior Court surety taxes tenant testator tiffs tion trial tried at Spring usurious verdict void wife Wilson witness
Popular passages
Page 210 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Page 349 - Their business is, therefore, " affected with a public interest," within the meaning of the doctrine which Lord Hale has so forcibly stated. But we need not go further. Enough has already been said to show that, when private property is devoted to a public use, it is subject to public regulation.
Page 322 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 534 - When any civil suit or criminal prosecution is commenced in any court of a state against any officer appointed under or acting by authority of any revenue law of the United States...
Page 318 - His legal discharge from the obligation to render himself amenable to the process, direction, or proceedings, with respect to which the undertaking of the bail was made.
Page 544 - ... acting according to the course of the common law in criminal as well as civil cases, and it is exercised before as well as after judgment. But this is always deemed in both cases an exercise of appellate, and not of original, jurisdiction. If, then, the right of removal be included in the appellate jurisdiction, it is only because it is one mode of exercising that power ; and as congress is not limited by the constitution to any particular mode or time of exercising it, it may authorize a removal...
Page 19 - An action may be brought by the Attorney-General, in the name of the people of this State, upon his own information, or upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this State.
Page 321 - The bail may be exonerated, either by the death of the defendant, or his imprisonment in a State prison, or by his legal discharge from the obligation to render himself amenable to the process, or -by his surrender to the sheriff of the county where he was arrested, in execution thereof, within...
Page 339 - 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.
Page 478 - If the killing is done with a felonious intent, the character of the deceased cannot come in question. But if the killing is done under such circumstances as to create a doubt as to the character of the offense committed, the general character of the deceased may be shown...