Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From June Term 1866 to January Term 1868, Inclusive, Volume 61 |
Common terms and phrases
action affidavit alleged amend arrest ASSUMPSIT Attorney bank bond certified charged the jury cited and approved claim clerk Code committed common law Constitution convicted costs counsel County Court court of equity CURIAM debt deceased declared deed defendant's discharged dismissed 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 nonsuit North Carolina objection offence opinion ordinance party person petition petitioner plaintiff plea possession prisoner procedendo proceedings proper 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 Williams witness writ
Popular passages
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 81 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed.
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.
Page 85 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation.