North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 118
Nichols & Gorman, book and job printers, 1896
Cases argued and determined in the Supreme Court of North Carolina.
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administrator admitted adverse possession agent agreed agreement alleged allowed amount answer appeal applied assigned authority bank bond called cause of action charge CIVIL claim clerk Code collected COMPANY complaint condition Constitution contract conveyed corporation creditors damages debt deed defendant dollars duty entitled error evidence excepted executed facts follows further give given grant hands held hold Honor instructions intent interest issue Jones judge judgment jury Justice land liable loan matter ment Messrs mortgage motion necessary notice objection offered opinion paid parties passed payment plaintiff possession present proceeding purchaser question reason received recover referred refused rule secured sell signed sold statute sufficient Superior Court supra sustained Term thereof tion town tract trial trust witness
Сторінка 407 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
Сторінка 192 - ... the plaintiff may unite in the same complaint several .causes of action, whether they be such as have heretofore been denominated legal or equitable, or both, where they all arise out of the same transaction or transactions connected with the same subject of action.
Сторінка 511 - At that period of the trial when it was not only the right but the duty of the court to...
Сторінка 790 - And the rule that the plaintiff must recover by the strength of his own title, and not by the weakness of the defendant's title, is preserved.
Сторінка 407 - We do not see how a better test can be applied to the question whether the agreement is reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Сторінка 1341 - 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.
Сторінка 500 - ROLLS observes, that in general a trustee is not allowed to deprive his cestui que trust of the possession, but a court of equity never interferes to prevent the mortgagee from assuming the possession.
Сторінка 1046 - ... or its nearest station agent before said stock is removed from the place of destination above mentioned, or from the place of delivery of the same to said party of the second part, and before such stock is mingled with other stock.
Сторінка 1111 - For if the jury believe there was a design and determination to kill, distinctly formed in the mind, at any moment before or at the time the pistol was fired or the blow was struck, it was a willful, deliberate, and premeditated killing, and therefore murder in the first degree.