North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina
Nichols & Gorman, book and job printers, 1912
Cases argued and determined in the Supreme Court of North Carolina.
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action agreement alleged allowed amount answer appeal applied appointed assignment authority Bank bonds cause charge cited claim clerk commissioners complaint condition considered Constitution contract conveyed corporation Court damages death decisions deed defendant direct duty effect entered entitled equity error evidence excepted executed exercise express facts Filed follows further give given grant ground heirs held hold injury instruction intention interest issue judge judgment jury Justice land Lumber March matter meaning ment mortgage motion necessary negligence notice operation opinion paid parties pass passenger person plaintiff pole possession present principle proceedings proper purchaser question railroad reason received record recover reference removal Revisal rule says side Smith statute sufficient sustained Term timber tion train trial true trustee verdict wife witness
Σελίδα 225 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Σελίδα 108 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Σελίδα 439 - ... Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Σελίδα 379 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Σελίδα 201 - But according to the view we take of this case, it is unnecessary to consider the force of any of the objections urged by the appellants to the decrees rendered.
Σελίδα 379 - ... for seeing somebody must be a loser by this deceit, it is more reason that he that employs and puts a trust and confidence in the deceiver should be a loser, than a stranger.
Σελίδα 519 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Σελίδα 151 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Σελίδα 38 - The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools, wherein tuition shall be without charge, and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education.