North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 140Nichols & Gorman, book and job printers, 1905 Cases argued and determined in the Supreme Court of North Carolina. |
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Страница 7
... effect of this transaction is to give John F. Cotten a greater percentage of his debt than others of the same class get , it is voidable and the money may be recovered , provided John F. Cotten had reasonable cause to believe that it ...
... effect of this transaction is to give John F. Cotten a greater percentage of his debt than others of the same class get , it is voidable and the money may be recovered , provided John F. Cotten had reasonable cause to believe that it ...
Страница 21
... effect of the judgment rendered at November Term , 1900 , when Judge Timberlake presided . If it was a final judg- ment , the plaintiffs cannot be heard upon any matter which was litigated in the action and which was necessarily deter ...
... effect of the judgment rendered at November Term , 1900 , when Judge Timberlake presided . If it was a final judg- ment , the plaintiffs cannot be heard upon any matter which was litigated in the action and which was necessarily deter ...
Страница 25
... Effect - Prayer for Instruction . 1. The doctrine of res ipsa loquitur does not dispense with the rule that he who alleges negligence must prove it . It is simply a mode of proving negligence and does not change the burden of proof . 2 ...
... Effect - Prayer for Instruction . 1. The doctrine of res ipsa loquitur does not dispense with the rule that he who alleges negligence must prove it . It is simply a mode of proving negligence and does not change the burden of proof . 2 ...
Страница 27
... effect . This the plaintiff failed to do . He cannot now be heard to complain for the alleged omission of His Honor to charge upon that particular feature of the evidence , which the plaintiff himself did not regard of sufficient ...
... effect . This the plaintiff failed to do . He cannot now be heard to complain for the alleged omission of His Honor to charge upon that particular feature of the evidence , which the plaintiff himself did not regard of sufficient ...
Страница 46
... effect of the act is to take out of the original colored school district all of the property and children within the limits of the new district created by the act . In the provision made for executing the law , the board shall not ...
... effect of the act is to take out of the original colored school district all of the property and children within the limits of the new district created by the act . In the provision made for executing the law , the board shall not ...
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adverse possession Affirmed agent alleged Alston amount answer applied bank Brown called cause of action charge claim clerk complaint Constitution contract contributory negligence COTTON MILLS counsel County court of equity coverture damages December 12 deed defendant excepted defendant's dence district docket duty election engine entitled equity error evidence tending execution facts fendant fraud grant heard by Judge held Honor husband injury instructed the jury intestate issue judgment jury justice land lien look and listen Lumber matter ment misjoinder motion nonsuit November 28 opinion paid parties payment person petition plain plaintiff pleadings poll tax possession proper purpose question Railroad reason recover refused register of deeds registered rule says statute submitted sufficient Superior Court supra sustained tending to show testimony tiff timber tion track tract train trespass trial trustees verdict voter wife
Популарни одломци
Страница 476 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Страница 115 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Страница 504 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Страница 586 - But the allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case may require.
Страница 327 - The market value of property is the price which it will bring when it is offered for sale by one who desires, but is not obliged, to sell it, and is bought by one who is under no necessity of having it.
Страница 498 - If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quoad hoc, is to be regarded as a private company. It stands on the same footing as would any individual or body of persons upon whom the like special franchises had been conferred.
Страница 136 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another, for riding over his ground, though it do him no damage : for it is an invasion of his property, and the other has no right to come there; and in these cases the action is brought vi et armis.
Страница 133 - By multifariousness in a bill is meant the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters, perfectly distinct and unconnected, against one defendant, or the demand of several matters of a distinct and independent nature against several defendants in the same bill.
Страница 48 - States, that the measure of damages is the difference between the contract price and the market value of the...
Страница 302 - If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offense has been committed, it is sufficient.