North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, 140. köideNichols & Gorman, book and job printers, 1905 Cases argued and determined in the Supreme Court of North Carolina. |
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Page 5
... answer the issues , as the jury did answer them . The jury having found all the issues in favor of the plaintiff thereby declared that they found the facts to be as testified to by the witnesses , inasmuch as the defendant offered ...
... answer the issues , as the jury did answer them . The jury having found all the issues in favor of the plaintiff thereby declared that they found the facts to be as testified to by the witnesses , inasmuch as the defendant offered ...
Page 44
... answer of the defendants . It seems that prior to the passage of this act , the school district for the white children comprised the town of Kernersville containing 307 children of school age . The district for the colored children ...
... answer of the defendants . It seems that prior to the passage of this act , the school district for the white children comprised the town of Kernersville containing 307 children of school age . The district for the colored children ...
Page 45
... answer of the defendants in respect to their purposes in regard to this property is obscure . They say they are ... answer would seem to be capable of the con- struction that they intend to take the property of the colored school and ...
... answer of the defendants in respect to their purposes in regard to this property is obscure . They say they are ... answer would seem to be capable of the con- struction that they intend to take the property of the colored school and ...
Page 46
... answer repels any such construction . However all this may be , it does not render the portions of the act estab- lishing the school invalid . It is the duty of the defendant board of trustees to pro- ceed to establish a graded school ...
... answer repels any such construction . However all this may be , it does not render the portions of the act estab- lishing the school invalid . It is the duty of the defendant board of trustees to pro- ceed to establish a graded school ...
Page 49
... answer the first issue ' yes , ' " is not con- tradictory . 2. An instruction that " the use of the highways and streets by the traveling public belongs as much to the public as the track does to the railway company , and for the ...
... answer the first issue ' yes , ' " is not con- tradictory . 2. An instruction that " the use of the highways and streets by the traveling public belongs as much to the public as the track does to the railway company , and for the ...
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Common terms and phrases
adverse possession Affirmed agent alleged Alston amount answer applied bank Brown called cause of action charge claim clerk complaint Constitution contract contributory negligence COTTON MILLS counsel County court of equity coverture damages December 12 deed defendant excepted defendant's dence district docket duty election engine entitled equity error evidence tending execution facts fendant fraud grant heard by Judge held Honor husband injury instructed the jury intestate issue judgment jury justice land lien look and listen Lumber matter ment misjoinder motion nonsuit November 28 opinion paid parties payment person petition plain plaintiff pleadings poll tax possession proper purpose question Railroad reason recover refused register of deeds registered rule says statute submitted sufficient Superior Court supra sustained tending to show testimony tiff timber tion track tract train trespass trial trustees verdict voter wife
Popular passages
Page 476 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 115 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 504 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Page 586 - But the allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case may require.
Page 327 - The market value of property is the price which it will bring when it is offered for sale by one who desires, but is not obliged, to sell it, and is bought by one who is under no necessity of having it.
Page 498 - If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quoad hoc, is to be regarded as a private company. It stands on the same footing as would any individual or body of persons upon whom the like special franchises had been conferred.
Page 136 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another, for riding over his ground, though it do him no damage : for it is an invasion of his property, and the other has no right to come there; and in these cases the action is brought vi et armis.
Page 133 - By multifariousness in a bill is meant the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters, perfectly distinct and unconnected, against one defendant, or the demand of several matters of a distinct and independent nature against several defendants in the same bill.
Page 48 - States, that the measure of damages is the difference between the contract price and the market value of the...
Page 302 - If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offense has been committed, it is sufficient.