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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Resultados 1-5 de 51
Página 5
... creditor ; so that if Tubbs , the surety , was living , and had been forced to pay the debt , he could not recover from the defendant . This , it seems to us , is decisive of the case . The petitioners apply for their legacies : the ...
... creditor ; so that if Tubbs , the surety , was living , and had been forced to pay the debt , he could not recover from the defendant . This , it seems to us , is decisive of the case . The petitioners apply for their legacies : the ...
Página 12
... creditor discharges a debtor , who is in custody , upon a promise of a third per- son to pay the debt , the original cause of the action is gone by the effects of the discharge ; the new promise is substituted . We are of opinion that ...
... creditor discharges a debtor , who is in custody , upon a promise of a third per- son to pay the debt , the original cause of the action is gone by the effects of the discharge ; the new promise is substituted . We are of opinion that ...
Página 20
... creditor only during the year he continues to be a constable . For his receipts after that period the creditor is not chargeable . The cases of State to the use of Miller v . Davis , 7 Ire . 200 , and Respass v . Johnson , 7 Ire . 77 ...
... creditor only during the year he continues to be a constable . For his receipts after that period the creditor is not chargeable . The cases of State to the use of Miller v . Davis , 7 Ire . 200 , and Respass v . Johnson , 7 Ire . 77 ...
Página 23
... creditor's agent , only during the year he continues to be a constable . State to the use of Respass v . Johnson , 7 Ire . 77. The law will not imply an agency for a longer time than the appointment , which gives rise to it , is to ...
... creditor's agent , only during the year he continues to be a constable . State to the use of Respass v . Johnson , 7 Ire . 77. The law will not imply an agency for a longer time than the appointment , which gives rise to it , is to ...
Página 28
... creditor alleges fraud , if his specification be not sufficiently certain and a defendant , before issue joined , objects to it , and the Court should re- fuse to make it certain , it would be error . But an objection to the specifi ...
... creditor alleges fraud , if his specification be not sufficiently certain and a defendant , before issue joined , objects to it , and the Court should re- fuse to make it certain , it would be error . But an objection to the specifi ...
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.