The Southeastern Reporter, 59. köideWest Publishing Company, 1908 |
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Page 8
... question in a case is presented by a cross - bill of exceptions , and the judgment of the lower court thereon is reversed , the writ of error issued upon the main bill of exceptions will be dismissed . [ Ed . Note . For cases in point ...
... question in a case is presented by a cross - bill of exceptions , and the judgment of the lower court thereon is reversed , the writ of error issued upon the main bill of exceptions will be dismissed . [ Ed . Note . For cases in point ...
Page 19
... QUESTION - AF- FIRMANCE . The only question insisted on in this case having been certified by this court to the Su- preme Court , and a decision having been ren- dered by the latter court adversely to the con- tention of the plaintiff ...
... QUESTION - AF- FIRMANCE . The only question insisted on in this case having been certified by this court to the Su- preme Court , and a decision having been ren- dered by the latter court adversely to the con- tention of the plaintiff ...
Page 50
... QUESTION FOR JURY . Whether evidence is sufficient to establish fraud is a question for the jury . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 23 , Fraud , §§ 67-71 . ] 4. TRIAL INSTRUCTIONS - WEIGHT DENCE . OF EVI ...
... QUESTION FOR JURY . Whether evidence is sufficient to establish fraud is a question for the jury . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 23 , Fraud , §§ 67-71 . ] 4. TRIAL INSTRUCTIONS - WEIGHT DENCE . OF EVI ...
Page 52
... question for the jury , and the judge could express no opinion as to its weight . Revisal 1905 , 535 ; Withers v . Lane , 144 N. C. 184 , 56 S. E. 855 ; State v . Simmons , 143 N. C. 613 , 56 S. E. 701. Wheth- er there is any evidence ...
... question for the jury , and the judge could express no opinion as to its weight . Revisal 1905 , 535 ; Withers v . Lane , 144 N. C. 184 , 56 S. E. 855 ; State v . Simmons , 143 N. C. 613 , 56 S. E. 701. Wheth- er there is any evidence ...
Page 54
... question for the jury , and the judge could express no opinion as to its weight . Revisal 1905 , § 535 ; Withers v . Lane , 144 N. C. 184 , 56 S. E. 855 ; State v . Simmons , 143 N. C. 613 , 56 S. E. 701. Wheth- er there is any evidence ...
... question for the jury , and the judge could express no opinion as to its weight . Revisal 1905 , § 535 ; Withers v . Lane , 144 N. C. 184 , 56 S. E. 855 ; State v . Simmons , 143 N. C. 613 , 56 S. E. 701. Wheth- er there is any evidence ...
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Common terms and phrases
affirmed agent alleged amendment Appeals of Georgia appellee applied authority bank bill of exceptions brings error cause of action Cent certiorari champerty charge circuit court city court claim Code complained Constitution contract corporation counsel Court of Appeals court of equity damages deceased deed defendant in error defendant's demurrer dence duty eminent domain equity Error from Superior evidence executed fact fendant filed fraud garnishee grant ground held injury issue judge judgment jury justice land Lee Bower lien mandamus ment mortgage motion negligence nonsuit North Carolina Note.-For opinion overruled paid parties payment person petition plaintiff in error pleadings purchase question railroad Railway reason refused rule statute statute of frauds suit Superior Court Supreme Court surety Syllabus testator testified testimony tiff tion tract trial verdict wife witness writ
Popular passages
Page 347 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 366 - Fellows, and to their heirs and assigns, all that tract or parcel of land situate, lying and being in the county of...
Page 394 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 279 - I hereby agree to accept, and which shall not take effect until the first premium shall have been paid, during my continuance in good health, and the policy shall have been signed by the secretary of the company and issued.
Page 353 - It is apparent that the mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of the fourteenth amendment, and that in all cases it must appear, not only that a classification has been made, but also that it is one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection.
Page 370 - The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant, resulting from the acts or omissions of any other servant or servants of the common master, is...
Page 347 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 39 - The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means.
Page 116 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 21 - Thou shalt not bring the hire of a whore, or the price of a dog, into the house of the LORD thy God for any vow : for even both these are abomination unto the LORD thy God.