North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina
Nichols & Gorman, book and job printers, 1907
Cases argued and determined in the Supreme Court of North Carolina.
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action adverse possession agent alleged amount answer appeal applied authority bond called cause charge cited claim complaint condition considered construction contention contract controversy corporation counsel County damages debt decision deed defendant defendant's directed duty effect entered entire entitled entry error established evidence excepted executed facts Filed follows further give given grant held hold Honor injury instruction Insurance interest issue Judge judgment jury Justice land liable Lumber matter mortgage motion natural negligence notice operation opinion paid parties passed payment person plain plaintiff possession present principle proper purchaser question Railroad Railroad Company RAILWAY reason received record recover reference refused removal respect Revisal road rule says secure statute street submitted sufficient Superior Court sustained tending Term testimony tion Tobacco tort train trial true
Страница 9 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and, unless such inventory has been taken within twelve calendar months prior to the date of this policy, one shall be taken in detail within thirty days of issuance of this policy, or this policy shall be null and void from such date, and upon demand of the assured the unearned premium from such date shall be returned.
Страница 445 - ... if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation...
Страница 412 - By a plaintiff not a resident of this State, when the cause of action shall have arisen, or the subject of the action shall be situated, within this State.
Страница 326 - She was bound to listen and to look before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others.
Страница 141 - A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his own suit to final determination in his own way. The cause of action is the subject-matter of the controversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to be in his pleadings.
Страница 417 - It is also settled that the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge, and enforcement.
Страница 253 - ... is to be performed, and to keep them in repair and order. This duty he cannot delegate to a servant, so as to exempt himself from liability for injuries caused to another servant by its omission. lndeed, no duty required of him for the safety and protection of his servants can be transferred, so as to exonerate him from such liability.
Страница 745 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose.
Страница 141 - It Is well settled that an action of tort, which might have been brought against many persons or against any one or more of them, and which is brought in a state court against all jointly, contains no separate controversy which will authorize Its removal by some of the defendants into the Circuit Court of the United States, even if they file separate answers and set up different defenses from the other defendants, and allege that they are not jointly liable with them, and that their own controversy...
Страница 566 - This is all the more Important In view of the fact that the verdict of the jury and proceedings thereunder are conclusive until set aside in some proceeding instituted for that purpose. So frequently persons falling within the class called "idiots...