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. |
Из књиге
Резултати 1-5 од 100
Страница 16
... sustain His Honor's ruling . Objection by de- McCumbie was Plaintiff testified that after he purchased , McCumbie pointed out the corner of the land . He was then asked , " What corners did he point out to you ? " fendant sustained ...
... sustain His Honor's ruling . Objection by de- McCumbie was Plaintiff testified that after he purchased , McCumbie pointed out the corner of the land . He was then asked , " What corners did he point out to you ? " fendant sustained ...
Страница 19
... sustained certain other exceptions of the said defendant , recommitted the case , with directions to the referee , to the end that the account might be correctly taken and the true balance ascer- tained according to law . A new account ...
... sustained certain other exceptions of the said defendant , recommitted the case , with directions to the referee , to the end that the account might be correctly taken and the true balance ascer- tained according to law . A new account ...
Страница 25
... sustained , where the appellant failed to hand up a prayer for instruction to that effect . ACTION by Jarvis Lyles , Administrator , against Brannon Carbonating Co. , for the alleged negligent killing of the plaintiff's son , Charles ...
... sustained , where the appellant failed to hand up a prayer for instruction to that effect . ACTION by Jarvis Lyles , Administrator , against Brannon Carbonating Co. , for the alleged negligent killing of the plaintiff's son , Charles ...
Страница 27
... sustained . The doctrine that " the thing speaks for itself , " relates solely to the evidence which may go to the jury as some proof of an alleged fact . It was therefore the plaintiff's duty , if he desired the court to charge upon ...
... sustained . The doctrine that " the thing speaks for itself , " relates solely to the evidence which may go to the jury as some proof of an alleged fact . It was therefore the plaintiff's duty , if he desired the court to charge upon ...
Страница 30
... sustained in Kimball v . Deming , 27 N. C. , 418 , and subsequent cases , wherein it was held that the allowance was personal to the widow and could not be set apart for the members of the family if there was no widow , or if she died ...
... sustained in Kimball v . Deming , 27 N. C. , 418 , and subsequent cases , wherein it was held that the allowance was personal to the widow and could not be set apart for the members of the family if there was no widow , or if she died ...
Друга издања - Прикажи све
Чести термини и фразе
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.