North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 80Nichols & Gorman, book and job printers, 1879 Cases argued and determined in the Supreme Court of North Carolina. |
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Affirmed alleged allowed appeal applied appointed arrest Attorney bill Busbee cause charged Charles Craig cited and approved CIVIL ACTION claim clerk Com'rs commissioners complaint constitution contract counsel court of equity creditors CURIAM debt deceased declared decree deed defendant defendant's demurrer DILLARD discharge duty election entitled equity error estoppel evidence execution exemption facts Fall Term fendant filed ground guilty Haywood Headen held homestead Honor indictment intent intestate issue John Clayton Jones judge judgment jurisdiction juror jury justice land liable manslaughter MEBANE ment Merrimon Messrs mortgage motion murder objection paid parties payment peremptory challenges person plaintiff port wine possession prisoner proceedings proof purchase money record recover refused register of deeds rule secure sheriff SMITH spring term statute suit superior court supreme court sureties testimony therein thereof tion trial tried at Fall verdict witness writ
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Страница 181 - ... the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Страница 333 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Страница 170 - If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.
Страница 70 - ... possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially injured or impaired.
Страница 321 - SEC. 7. [Causes for.] — A divorce from the bonds of matrimony or from bed and board, may be decreed for the cause of extreme cruelty, whether practiced by using personal violence, or by...
Страница 314 - The defendant may be arrested, as hereinafter prescribed, in the following cases : 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Страница 336 - And no creditor whose debt is provable under this act shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt until the question of the debtor's discharge shall have been determined. And any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge...
Страница 413 - It would be most dangerous to pursue a different practice. It is admitted that if the defendant had knowledge of the objection before the juror was sworn, then he could not after be permitted to take advantage of it. Of this want of knowledge what evidence has the court?
Страница 38 - ... it is ordered, that the defendant [do stand absolutely debarred and foreclosed of and from all equity of redemption of in, and to the said mortgaged premises...
Страница 164 - This cannot be allowed to remove the legal presumption arising from the facts. Acts fraudulent CHEATHAM r. HAWKINS. in view of the law because of their necessity tendency to delay or obstruct the creditor in pursuit of his legal remedy. do not cease to be such because the fraud as an independent fact was not then in mind. If a person does and intends to do that which from its consequences the law pronounces fraudulent, he is held to intend the fraud inseparable from the act.