Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1862], Both Inclusive, Volume 4S. Gales, 1857 |
From inside the book
Results 1-5 of 53
Page 33
... writ was issued on the 6th of October , 1853. The defendant pleaded the statute of lim- itations ; to which plaintiff replied that , within the three years preceding the issuing of the writ , the defendant promised to pay the said note ...
... writ was issued on the 6th of October , 1853. The defendant pleaded the statute of lim- itations ; to which plaintiff replied that , within the three years preceding the issuing of the writ , the defendant promised to pay the said note ...
Page 34
... writ , is a departure in pleading , and , therefore , inadmissible , and of course no testimony can be allowed to support it . As the verdict was taken in the Court below , sub- ject to the opinion of the presiding Judge , whether the ...
... writ , is a departure in pleading , and , therefore , inadmissible , and of course no testimony can be allowed to support it . As the verdict was taken in the Court below , sub- ject to the opinion of the presiding Judge , whether the ...
Page 42
... writ- ing , and proved and registered , would be greater if the pawn- or were at liberty to take back the pawn and keep it for a longer or shorter time , under another agreement with the pawnee . Being the original owner , his ...
... writ- ing , and proved and registered , would be greater if the pawn- or were at liberty to take back the pawn and keep it for a longer or shorter time , under another agreement with the pawnee . Being the original owner , his ...
Page 67
... writ in this suit was issued 21st of Feb. , 1854 . The deed was registered April 8th , 1853 . The defendant then offered in evidence a deed from Rob- erts to him for the slave , Martin , bearing date 11th October , 1852 , and registered ...
... writ in this suit was issued 21st of Feb. , 1854 . The deed was registered April 8th , 1853 . The defendant then offered in evidence a deed from Rob- erts to him for the slave , Martin , bearing date 11th October , 1852 , and registered ...
Page 70
... writ in this case to the County Court , the defendants ' attorney required of the attorney for the plaintiff to produce a written authority to carry on this suit , or that the same be dismissed . There- upon Mr. Howard produced a power ...
... writ in this case to the County Court , the defendants ' attorney required of the attorney for the plaintiff to produce a written authority to carry on this suit , or that the same be dismissed . There- upon Mr. Howard produced a power ...
Common terms and phrases
accord and satisfaction admitted adverse possession alleged ASSUMPSIT bond brought charged the jury claim common law consideration contended contract County Court Court of Equity creditors CURIAM damages debt deceased declaration deed defendant defendant excepted defendant's counsel delivered dollars entitled error evidence execution executor fact Fall Term favor fendant give Honor indictment instructed the jury issue John Jones Judge Judgment affirmed Judgment and appeal Judgment reversed justice land lessor liable matter ment NASH negro Neuse river nonsuit objection opinion paid parties payment person Peter Kerns plaintiff plea possession principle prisoner proved purchaser question Rail Road recover rule sheriff slave sold Spring Term statute of frauds statute of limitations sufficient suit Superior Court sureties testator testimony tiff tion tract trespass trial tried trust venire de novo Verdict and judgment void warrant Williams Wilmington witness writ
Popular passages
Page 11 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 225 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
Page 226 - No court will lend its aid to a man, who founds his cause of action upon an immoral or illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
Page 46 - Wheeler, of the county and state aforesaid, of the second part, witnesseth: That the said party of the first part for and In consideration of the sum of two hundred and twenty-five dollars to me In hand paid, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell, alien, convey and confirm unto the said party of the second part...
Page 11 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 11 - That retrospective Laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty ; wherefore, no ex post facto Law ought to be made, nor any retrospective oath or restriction be imposed or required.
Page 22 - There is a recklessness — a wanton disregard of humanity and social duty — in taking, or endeavoring to take, the life of a fellow being in order to save one's self from a comparatively slight wrong, which is essentially wicked and the law abhors.
Page 64 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 260 - ... the penalty, or condition of the instrument, from the provisions prescribed by law, shall be valid, and may be put in suit in the name of the State, for the benefit of the person injured by a breach of the condition thereof, in the same manner as if the office had been duly conferred, or the appointment duly made, and as if the penalty and condition of the instrument had conformed to the provisions of law.
Page 29 - And, on the other hand, that such infidels who either do not believe in a God, or if they do, do not think that He will either reward or punish them in this world or in the next, cannot be witnesses in any case nor under any circumstances, for this plain reason, because an oath cannot possibly be any tie or obligation upon them.