North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Band 114
Nichols & Gorman, book and job printers, 1894
Cases argued and determined in the Supreme Court of North Carolina.
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action actual administrator admitted agreed agreement alleged Allen allowed amount answer appeal applied ARRINGTON asked assignment authority bank Board bond called cause charge claim Code collected complaint constructive contract conveyed counsel Court creditors damages debt deed defendant demand directed dollars effect entitled equity error evidence excepted execution facts filed follows fund further give given grant ground hands heirs held hold homestead Honor indorsed intended interest issue James John Johnson Judge judgment jury land lien Long matter ment mortgage motion necessary notice objection offered opinion ourt paid parties payment plaintiff pleadings possession present principle proceedings purchaser question reason receiver record recover refused rule secure sold statute street suit Superior Court Term testified tion tract trial true trust wife witness
Seite 117 - Tinnin for the sum of $4,492.54, with interest thereon at the rate of eight per cent, per annum...
Seite 460 - Such service may also be sufficient in cases where the object of the action is to reach and dispose of property in the State or of some interest therein by enforcing a contract or a lien respecting the same, or to partition it among different owners, or, when the public is a party, to condemn and appropriate it for a public purpose. In other words, such service may answer in all actions which are substantially proceedings in rem.
Seite 907 - ... of crime, he. in legal contemplation, accompanies the same to the point where it becomes effectual. * * * So, if a man in the State of South Carolina criminally fires a ball into the state of Georgia, the law regards him as accompanying the ball, and as being represented by it up to the point where it strikes. If an unlawful shooting occurred while both the parties were in this state, the mere fact of missing would not render the person who shot any the less guilty. Consequently, if one shooting...
Seite 264 - that nothing money as' land: was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted ; and this in whatever manner the direction is given ; whether by Will, by way of contract, marriage articles, settlement or otherwise, and whether the money is actually deposited or only covenanted to be paid, whether the...
Seite 655 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Seite 297 - It is well settled in this state, as elsewhere, that one partner cannot sue another upon a demand arising out of the partnership transactions, in the absence of a settlement of the accounts. But by the terms of this rule it does not apply where the transaction is not a partnership matter. And it seems plain that a loan from one partner to another is not a partnership transaction, notwithstanding the fact that the borrower intends to put the money into the firm, and does so.
Seite 702 - This new doctrine of imputed negligence, whereby the minor loses his suit, not only where he is negligent himself, but where his father, grandmother, or mother's maid is negligent, is as flatly in conflict with the established system of the common law as anything possible to be suggested.
Seite 566 - If (says he) there are ever so many contingent limitations of a trust, it is an established rule, that it is sufficient to bring the trustees before the Court, together with him in whom the first remainder of the inheritance is vested, and all that may come after will be bound by the decree, though not in esse, unless there be fraud and collusion between the trustees and the first person in whom a remainder of inheritance is vested."!
Seite 530 - The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless : 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced, or, 2.