North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volum 94Nichols & Gorman, book and job printers, 1886 Cases argued and determined in the Supreme Court of North Carolina. |
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administrator adverse possession affidavit Affirmed aforesaid alleged allowed answer Askew assigned bond BUNCOMBE county cause of action charge cited and approved CIVIL ACTION claim Clerk Code complaint contract conveyed counsel Court of Equity creditors damages debt debtor deceased deed defendant defendant's demand docket dollars entitled equity error evidence exception execution executor facts Fall Term fee simple feme filed granted guardian heirs held indictment interest intestate Ired issue John Jones Judge judgment judgment debtor jurisdiction jury justice land matter Matthew Moore ment MERRIMON Moore mortgage motion Northampton county opinion paid parties payment plaintiff pleadings possession presumption purchase money purpose Railroad record recover reference refused rendered rent rule sheriff sold Spring Term statute statute of limitations Superior Court sureties Swepson testator testified testimony therein thereof tion tract trial trust verdict wife William witness
Populære avsnitt
Side xlii - 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...
Side 1 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1.
Side 152 - If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, such interest or debt shall be recoverable only in an action against such person or corporation by the receiver...
Side 711 - Court. veyance shall pass to the purchaser at the sale not only the works and property of the company as they were at the time of making the deed of trust or mortgage, but any works which the company may, after that time and before the sale, have constructed, and all other property of which it may be possessed at the time of the sale other than debts due to it. Upon such conveyance to the purchaser the said company shall, ipso facto, be dissolved, and the said purchaser shall forthwith be a corporation...
Side 742 - But an action may be maintained by a grantee of land in the name of a grantor, or his or her heirs or legal representatives, when the grant or grants are void by reason of the actual possession of a person claiming under a title adverse to that of the grantor...
Side 710 - ... company, by the owner or owners thereof; and the said company shall have good right and title thereto and shall have, hold and enjoy the same as long as the same be used for the purposes of said road and no longer...
Side 1133 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Side 592 - All who serve the same master, work under the same control, derive authority and compensation from the same common source, and are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants who take the risk of each other's negligence.
Side 844 - ... inconsistent with reason, as it is repugnant to the rules of law, to say that they are so far the same that an acquittal of the one shall be a bar to a prosecution for the other.
Side 57 - In Parkhurst v. Smith, WSlles, 332, Lord Chief Justice Willes says: " It is said in our books that the construction of deeds ought to be favourable, and as near to the apparent intent of the parties as possibly may be and as the law will permit. That too much regard is not to be had to the natural and proper signification of words and sentences to prevent the simple intention of the parties from taking effect ; for that the law is not nice in grants, and therefore it doth often transpose words contrary...