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 6
... evidence , that , on the 1st of January , 1847 , he hired to the defendant a negro man for the year 1847 , that the agreement was made in the County of Tyrrel , and by the terms of the agreement , the defendant was not to risk the slave ...
... evidence , that , on the 1st of January , 1847 , he hired to the defendant a negro man for the year 1847 , that the agreement was made in the County of Tyrrel , and by the terms of the agreement , the defendant was not to risk the slave ...
Página 7
... evidence , that the parol testimony is not admis- sible to contradict , add to , or explain it ; for although there be no law requiring the agreement to be in writing , still the written memorial is the surest evidence . The rule is not ...
... evidence , that the parol testimony is not admis- sible to contradict , add to , or explain it ; for although there be no law requiring the agreement to be in writing , still the written memorial is the surest evidence . The rule is not ...
Página 8
... evidence in order to ascertain the agreement . In any point of view , the parol evidence was admissible . The next question as to the form of action is a more difficult one , and involves the necessity of deciding , whether the note ...
... evidence in order to ascertain the agreement . In any point of view , the parol evidence was admissible . The next question as to the form of action is a more difficult one , and involves the necessity of deciding , whether the note ...
Página 9
... evidence to authorise it , and are not to understand his Honor as ruling , that the value of the slave is the measure of damage as of course ; for there may be circumstances , under which the slave might have been killed , and the ...
... evidence to authorise it , and are not to understand his Honor as ruling , that the value of the slave is the measure of damage as of course ; for there may be circumstances , under which the slave might have been killed , and the ...
Página 26
... evidence tending to shew that the contract depen- ded upon the plaintiff's getting Kennedy's tobacco , but the evidence was slight , and we cannot help thinking , that if particular instruction had been asked for , and the attention of ...
... evidence tending to shew that the contract depen- ded upon the plaintiff's getting Kennedy's tobacco , but the evidence was slight , and we cannot help thinking , that if particular instruction had been asked for , and the attention of ...
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.