North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 144Nichols & Gorman, book and job printers, 1907 Cases argued and determined in the Supreme Court of North Carolina. |
Из књиге
Резултати 1-5 од 100
Страница 4
... MOTION to dismiss an action for lack of service of process , heard before McNeill , J. , at December Term , 1906 , of BEAU- FORT Superior Court . On summons duly issued , the Sheriff made return : " Re- ceived 27 September , 1905 ...
... MOTION to dismiss an action for lack of service of process , heard before McNeill , J. , at December Term , 1906 , of BEAU- FORT Superior Court . On summons duly issued , the Sheriff made return : " Re- ceived 27 September , 1905 ...
Страница 8
... motion of defend- ant , the action was dismissed as on judgment of nonsuit , and plaintiff excepted and appealed . Walter E. Moore , Shepherd & Shepherd and Coleman C. Cowan for plaintiff . Merrick & Barnard and King , Spalding & Little ...
... motion of defend- ant , the action was dismissed as on judgment of nonsuit , and plaintiff excepted and appealed . Walter E. Moore , Shepherd & Shepherd and Coleman C. Cowan for plaintiff . Merrick & Barnard and King , Spalding & Little ...
Страница 23
... Motion to Remove , Where and When Made . - A motion to remove a cause must be made in the district and during term of Court . 6. Refusal of Motion to Remove Not Reviewable . - Refusal of Supe- rior Court Judge to order removal of cause ...
... Motion to Remove , Where and When Made . - A motion to remove a cause must be made in the district and during term of Court . 6. Refusal of Motion to Remove Not Reviewable . - Refusal of Supe- rior Court Judge to order removal of cause ...
Страница 25
... motion to remove as a mat- ter of right ( and not for convenience of witness or to secure an impartial trial ) came too late . It should have been made at the return term " before time of answering expired , " when complaint has been ...
... motion to remove as a mat- ter of right ( and not for convenience of witness or to secure an impartial trial ) came too late . It should have been made at the return term " before time of answering expired , " when complaint has been ...
Страница 26
... motion had been made in apt time . Nor could the motion be made out of term or out of the district . Howard v . Rail- road , supra . The refusal to remove for convenience of wit- nesses and in the interest of justice is not reviewable ...
... motion had been made in apt time . Nor could the motion be made out of term or out of the district . Howard v . Rail- road , supra . The refusal to remove for convenience of wit- nesses and in the interest of justice is not reviewable ...
Друга издања - Прикажи све
Чести термини и фразе
adverse possession Affirmed agent alleged answer appeal applied authority bond carrier cause of action charge cited CIVIL ACTION claim complaint consignee contract contributory negligence controversy conveyance conveyed corporation counsel County court of equity creditors damages debt deed defendant company defendant's demurrer domicile Durham duty entitled entry equity error estoppel executed executors facts fendant Filed heirs held Honor injury instruction Insurance interest intestate issue Johnson Judge judgment jury Justice land liable Lumber Medlin ment mortgage motion negligence nonsuit North Carolina O. H. Allen opinion paid parties payment Peden penalty person petition plaintiff pleadings possession proper proximate cause purchaser purpose question Railroad Company RAILWAY reason recover refused Register of Deeds rendered Revisal rule says Southern Railway Company statute street submitted sufficient Superior Court supra sustained tending to show Term testified testimony tiff tion TOBACCO track tract trial Williams
Популарни одломци
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...