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 8
... question as to the form of action is a more difficult one , and involves the necessity of deciding , whether the note under seal of the defendant contains as well the terms of agreement as the price ; for , if so , the simple contract ...
... question as to the form of action is a more difficult one , and involves the necessity of deciding , whether the note under seal of the defendant contains as well the terms of agreement as the price ; for , if so , the simple contract ...
Página 12
... question is super- added ? If so , the statute applies . But , if there is no debt for which another is already or is about to become answerable to the plaintiff , or if the debt of the other is discharged and the promise in question is ...
... question is super- added ? If so , the statute applies . But , if there is no debt for which another is already or is about to become answerable to the plaintiff , or if the debt of the other is discharged and the promise in question is ...
Página 22
... question is , as to the amount of damages . The plaintiff has lost his entire debt ; but the defendant says , the fact , that he has a remedy upon the bond of 1840 , should go in mitiga- tion and reduce the damages to a nominal amount ...
... question is , as to the amount of damages . The plaintiff has lost his entire debt ; but the defendant says , the fact , that he has a remedy upon the bond of 1840 , should go in mitiga- tion and reduce the damages to a nominal amount ...
Página 39
... question , and his family that the house of the said individual was situa- ted two hundred yards from where the defendant was- that the said individual and his family were disturbed thereby that so loud was the cursing and profane swear ...
... question , and his family that the house of the said individual was situa- ted two hundred yards from where the defendant was- that the said individual and his family were disturbed thereby that so loud was the cursing and profane swear ...
Página 50
... question of agency to the jury with directions , that Hedgepeth's en- dorsement on the warrant was not , of itself , sufficient to establish his agency ; but that if they found it from all circumstances , their verdict should be for the ...
... question of agency to the jury with directions , that Hedgepeth's en- dorsement on the warrant was not , of itself , sufficient to establish his agency ; but that if they found it from all circumstances , their verdict should be for the ...
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.