North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volumen69
Nichols & Gorman, book and job printers, 1873
Cases argued and determined in the Supreme Court of North Carolina.
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according action administrator agreed alleged allowed amount answer appeal applied authority bank bond brought cause chap charge cited CIVIL claim clerk complaint Constitution contract costs cotton counsel creditors CURIAM Davis death debt decided deed defendant effect entitled equity error et al evidence excepted execution facts further give given granted ground guardian heirs held homestead Honor husband indictment intended interest Ired issue John Jones Judge judgment jury land matter ment motion N. C. Rep necessary notice objection opinion paid parties payment person plaintiff possession present prisoner proceeding prove purchase question reason received record recover reference refused rule sell sheriff sold Spring Term sufficient suit Superior Court taken Term tion tract trial trustee United verdict wards whole wife witness
Página 333 - The plaintiff may unite in the same complaint several causes of action whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction, or transactions connected with the same subject of action.
Página 502 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 500 - Laws shall be passed, taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise ; and also all real and personal property, according to its true value in money...
Página 466 - ... but no suit at law or in equity shall in any case be maintainable by or against such assignee...
Página 459 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Página 506 - The attempt to use it on the means employed by the government of the Union in pursuance of the constitution is itself an abuse, because it is the usurpation of a power which the people of a single state cannot give.
Página 237 - In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
Página 44 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Página 506 - ... they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent on the states.
Página 466 - ... no suit at law or in equity shall, in any case, be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall first have accrued.