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Reports of Cases at Law Argued and Determined in the Supreme Court ..., Volume 1
North Carolina Supreme Court
No preview available - 2015
action admitted alleged arrest assault assumpsit Attorney bank bond Cape Fear certified charged the jury cited and approved claim clerk color common law contract convicted counsel County Court court of equity Curiam debt debtor deceased declarations deed defendant appealed defendant's discharged dismissed dower duty entitled error evidence execution fact Fall Term 1867 fendant fieri facias give guilty heirs held Honor indictment instructions issued Judge Judgment affirmed jurisdiction justice land larceny laudanum levied marriage matter ment Merrimon motion murder North Carolina objection offence opinion ordinance parties person petition petitioner plaintiff possession prisoner procedendo proceedings proved quash question refused rule scire facias sheriff slave Spring Term statute suit Superior Court Supreme Court T. J. Wilson testator testimony thereupon tion trespass trial tried venire de novo verdict wife witness writ
Page 404 - ... may be indicted and convicted, either as an accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon ; or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice...
Page 85 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.
Page 81 - 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 408 - Court, on behalf of either or any of the parties to the said suit, action, or other proceeding." S. 3: "But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself...
Page 24 - The taxing power of a state is one of its attributes of sovereignty. And where there has been no compact with the federal government, or cession of jurisdiction for the purposes specified in the constitution, this power reaches all the property and business within the state...
Page 153 - A felonious taking of money or goods, to any value, from the person of another or in his presence, against his will, by violence or putting him in fear.
Page 133 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Page 432 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.