North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 151
Nichols & Gorman, book and job printers, 1909
Cases argued and determined in the Supreme Court of North Carolina.
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accepted action Affirmed agent agreed agreement alleged allowed amount answer appeal authority Bank bill bonds cause charge cited claim Commissioners complaint considered contract corporation County court damages decisions deed defendant defendant's delivered determine direct duty easement effect entered entitled error evidence excepted executed express facts Filed follows fraud further give given ground held hold Honor indictment injury instructions Insurance interest issue Jones judge judgment jurisdiction jury Justice land liability limits Lumber matter ment motion necessary negligence notice offered opinion owner paid parties passed payment person plaintiff present principle proper purchase question Railroad reason received record recover reference rendered Revisal rule Smith statute sufficient Superior sustained taken Telegraph tending Term tion town train trial trust verdict witness
Page 201 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Page 349 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 341 - Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Page 36 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page xliv - ... shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Page 354 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought ; 5.
Page 908 - So a licensee, who enters on premises by permission only, without any enticement, allurement or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils.
Page 452 - Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power.
Page 341 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 42 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...