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 11
... witness to prove these facts , which objection was sustained by the Court . Whereupon the plaintiff executed to him a release , and the defendants pleaded it since the last continuance in bar of the action . A motion was then made by ...
... witness to prove these facts , which objection was sustained by the Court . Whereupon the plaintiff executed to him a release , and the defendants pleaded it since the last continuance in bar of the action . A motion was then made by ...
Página 24
... witness , on the part of the plaintiff , testified , that , in March , 1845 , the defendant came to the plaintiff's factory at Franklinton - that witness said : " What ! are you come to get off too ? " the defendant said , " no , I have ...
... witness , on the part of the plaintiff , testified , that , in March , 1845 , the defendant came to the plaintiff's factory at Franklinton - that witness said : " What ! are you come to get off too ? " the defendant said , " no , I have ...
Página 49
... witness those of the plaintiff . It is the province of the Court to pass on every question of the admissibility of evidence . Merely serving a warrant for debt , issued by a justice , is no evidence that the officer was the agent of the ...
... witness those of the plaintiff . It is the province of the Court to pass on every question of the admissibility of evidence . Merely serving a warrant for debt , issued by a justice , is no evidence that the officer was the agent of the ...
Página 50
... witness , took a negro on the papers and commit- ted him to jail , and either returned the papers to Hedge- peth or left them with the jailor . He could not now say , that the judgment now sued on was one of the papers : and it did not ...
... witness , took a negro on the papers and commit- ted him to jail , and either returned the papers to Hedge- peth or left them with the jailor . He could not now say , that the judgment now sued on was one of the papers : and it did not ...
Página 51
... witness spoke of " some papers " delivered to him by one Sowell , which , he said , he got from Hedgepeth . But Sowell's declaration was not competent to establish that fact , and , besides , the witness could not say that those papers ...
... witness spoke of " some papers " delivered to him by one Sowell , which , he said , he got from Hedgepeth . But Sowell's declaration was not competent to establish that fact , and , besides , the witness could not say that those papers ...
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.