North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Τόμος 67
Cases argued and determined in the Supreme Court of North Carolina.
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Adm'r agent alleged allowed amount appeal assumpsit bailment bona fide purchaser bonds certiorari charge Charlotte choses in action cited and approved civil action claim Clerk complaint Confederate money contract convey cotton counsel Court of Equity creditors debt debtor declared deed defendant defendant's discharge dollars endorsement entitled equity error evidence Ex'r execution executor facts Fall Term filed fraud guardian held Honor indictment interest issued J. H. Wilson Jones Judge Judgment affirmed judgment debtor jury Justice land legacy liable ment Merrimon mortgage motion notice objection opinion paid parties payment person plaintiff plat pleadings possession prisoner proceedings promise proved purchaser question Railroad Company real estate received recover reference refused rule secured sell sheriff sheriff's deed Smith sold Spring Term statute Superior Court sureties testator tion tract trial Trollinger trust Turner Venire de novo verdict ward witness
Σελίδα 177 - Court is bound to give such judgment as the Court below ought to have given.
Σελίδα 243 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Σελίδα 147 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Σελίδα 4 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Σελίδα 451 - The undertaking on appe.al must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.
Σελίδα 7 - That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
Σελίδα 392 - And where a suit is now pending, or may be hereafter brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State...
Σελίδα 16 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case. Such evidence is received, not as a part of the res gestae of the criminal act itself, but as indicative of a guilty mind.
Σελίδα 131 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Σελίδα 242 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.