Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From June Term, 1840, to [August Term, 1852], Both Inclusive, Volumen9Turner and Hughes, 1849 |
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Página 20
... bond of either year , or on both bonds . Held further , that the circumstance that the party injured had it in his power to recover on the second bond , if he had chosen to do so , did not mitigate the damages he had a right to recover ...
... bond of either year , or on both bonds . Held further , that the circumstance that the party injured had it in his power to recover on the second bond , if he had chosen to do so , did not mitigate the damages he had a right to recover ...
Página 21
... bond with surety for that year ; that , in May , 1841 , Jane McAlister paid to Sedbury , who still had the papers , and ran off a short time afterwards , the sum of seventy - five dollars ( $ 75 ) in part payment of the debt . It was ...
... bond with surety for that year ; that , in May , 1841 , Jane McAlister paid to Sedbury , who still had the papers , and ran off a short time afterwards , the sum of seventy - five dollars ( $ 75 ) in part payment of the debt . It was ...
Página 22
... bond given for that year , this did not amount to a release of any cause of action , to which the plaintiff was entitled upon the bond given for the year 1839 . It is true , as is held in State to the use of Miller v . Davis , 7 Ire ...
... bond given for that year , this did not amount to a release of any cause of action , to which the plaintiff was entitled upon the bond given for the year 1839 . It is true , as is held in State to the use of Miller v . Davis , 7 Ire ...
Página 28
... bond and joining in an issue of fraud , to take exception to the writ of ca. sa . Although the ca. sa . may be void , yet the Court has jurisdiction of the subject matter , and objections to any part of the proceedings must be made in ...
... bond and joining in an issue of fraud , to take exception to the writ of ca. sa . Although the ca. sa . may be void , yet the Court has jurisdiction of the subject matter , and objections to any part of the proceedings must be made in ...
Página 29
... bond , and joining in an issue of fraud , it is too late to take exception to the writ of ca. sa . This is settled by more than one case . Nixon v . Nunnery . The defendant's counsel attempted to DECEMBER TERM , 1848 . 20.
... bond , and joining in an issue of fraud , it is too late to take exception to the writ of ca. sa . This is settled by more than one case . Nixon v . Nunnery . The defendant's counsel attempted to DECEMBER TERM , 1848 . 20.
Términos y frases comunes
action administrator admitted agreement alleged assumpsit award bond Cæsar charge cited and approved claim common law contract conveyed counsel County Court County Trustee Court of Equity Court of Law creditor CURIAM Currituck County custody damages debt debtor deceased declaration deed Dick discharge distributees duty entered error evidence execution executor fact Fall Term felony feme covert fieri facias fraud freehold give given grant held Honor Judge husband Ibid indictment instructed the jury intention intestate issue John justice killing land lessor manslaughter Mardree ment Moore County negro Neil Henry North Carolina opinion owner party person plaintiff possession premises presiding prisoner probate proved provision question Randolph County received refused replevin RUFFIN rule sheriff slave Spring Term 1849 statute suit Superior Court sureties tenant testator tion trial venire de novo verdict wife Williams Wilmington witness words writ
Pasajes populares
Página 389 - Hundred forty six with force and arms at and in the County of Sampson aforesaid in and upon one Alfred Flowers in the peace of God and of the State then and there being...
Página 318 - Campbell esquire, one of the Judges of the Superior Courts of Law and Equity...
Página 263 - The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
Página 389 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 386 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive (though one ancestor of each generation may have been a white person), shall vote for members of the Senate or House of Commons* SECTION 4.
Página 64 - Whenever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings, made at the time in question, are also original evidence. If they were the natural language of the affection whether of body or mind, they furnish satisfactory evidence, and often the only proof of its existence, and whether they were real or feigned is for the jury to determine.
Página 453 - ... be deemed guilty of a misdemeanor, and on conviction, shall be punished by fine or imprisonment, or both, at the...
Página 435 - ... materially, and in the course of the scuffle, after the parties are heated by the contest, one kill the other with a deadly weapon...
Página 436 - It appeared that nobody could have stabbed him but the prisoner ; who had a clasped knife before the affray. Bayley, J., told the jury, that if the prisoner used the knife privately from the beginning; or if before they began to fight he placed the knife so that he might use it during the affray, and used it accordingly, it was murder : but that if he took to the knife after the fight began, and without having placed it to be ready during the affray, it was only manslaughter. The jury found the prisoner...
Página 293 - II, provides that no action shall be brought to charge any person upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.