Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From June Term, 1840, to [August Term, 1852], Both Inclusive, Volume 7Turner and Hughes, 1847 - Law reports, digests, etc |
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Page 6
... counsel for the defendant insisted , that there was not evidence upon which the jury could find an ouster , and moved the Court so to instruct them . But his Honor refused the motion , and held that the jury might infer the ousters from ...
... counsel for the defendant insisted , that there was not evidence upon which the jury could find an ouster , and moved the Court so to instruct them . But his Honor refused the motion , and held that the jury might infer the ousters from ...
Page 9
... lapsed , and was undisposed of by the will , and went to the next of kin of the testators . A. Moore , for the plaintiff . No counsel for the defendant . Heath v . Latham . DANIEL , J. We are 2 DECEMBER TERM , 1846 .
... lapsed , and was undisposed of by the will , and went to the next of kin of the testators . A. Moore , for the plaintiff . No counsel for the defendant . Heath v . Latham . DANIEL , J. We are 2 DECEMBER TERM , 1846 .
Page 18
... counsel for the plain- tiff has . indeed , argued , that the bill of sale is good with- out registration , as there is no creditor or purchaser in the case . But , whether the sale of a Sheriff stands upon the same ground with that of ...
... counsel for the plain- tiff has . indeed , argued , that the bill of sale is good with- out registration , as there is no creditor or purchaser in the case . But , whether the sale of a Sheriff stands upon the same ground with that of ...
Page 27
... counsel ob- jected , that the name of the deceased as mentioned in the indictment was not his true name , that was a fact to be tried by the jury . The purpose of setting forth the name of the person , on whom an offence has been ...
... counsel ob- jected , that the name of the deceased as mentioned in the indictment was not his true name , that was a fact to be tried by the jury . The purpose of setting forth the name of the person , on whom an offence has been ...
Page 28
... counsel for the prisoner had not , in his argument , con- tended , that the law touching the degree of the homicide was otherwise than it had been laid down by the Judge , " but that they had argued the facts with much ingenu- ity ...
... counsel for the prisoner had not , in his argument , con- tended , that the law touching the degree of the homicide was otherwise than it had been laid down by the Judge , " but that they had argued the facts with much ingenu- ity ...
Common terms and phrases
action alleged assumpsit bond brandy Buncombe County Cherokee County cited and approved claim constable contract conveyance counsel County Court Court of Law covenant creditors CURIAM dant debt deceased declaration deed defendant defendant appealed defendant's delivered entitled error evidence execution executor fact father fendant fieri facias filly further Gaither garnishee gave give given grant guilty Haywood County heirs held Henderson County hogs Honor Judge PEARSON indictment instructed the jury Ired issue Judgment affirmed Judgment reversed Justice land levy libel locus in quo Mary Meadows matter ment negro nolle prosequi non est factum objection officer opinion paid parties payment person plain plaintiff plea possession prisoner proved purchase recover refused rendered RUFFIN sheriff sheriff's deed shew slave sold Spring Term statute suit Superior Court sureties Teague testator testimony tiff tion trial venire de novo verdict void William Wilson witness Woodfin writ
Popular passages
Page 319 - And во on in cases of conspiracy, riot, or other crime perpetrated by several persons, when once the conspiracy or combination is established, the act or declaration of one conspirator or accomplice, In the prosecution of the enterprise, is considered the act of all, and is evidence against all. Each Is deemed to assent to or command what Is done by any other in furtherance of the common object.
Page 39 - ... in trust, that they shall erect and build, or cause to be erected and built thereon, a house or place of worship for the use of the members of the Methodist Episcopal Church in the United States of America...
Page 142 - Then the indictment was read, which set forth that the prisoner "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 92 - swear (or affirm, as the case may be) that you will diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge ; the State's counsel, your fellows...
Page 6 - All the rest, residue, and remainder of my estate ... I give, devise and bequeath to my nephews, nieces, and half brother, to be equally divided between them and their heirs, share and share alike, the child or children of a deceased child taking the share which his, her or their parents would have taken.
Page 107 - ... of complaint in respect of each count, or some distinct ground of answer or defence in respect of each plea, avowry, or cognizance, a verdict and judgment shall pass against him upon each count, plea...
Page 266 - The auctioneer is the agent of the vendor, and the assent of both parties is necessary to make the contract binding ; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus pcenitentice.
Page 94 - It seems to us that the witness has no privilege to have his testimony treated as a confidential communication, but that he ought to be considered as deposing, under all the obligations of an oath, in a judicial proceeding, and therefore that the oath of the grand...
Page 149 - ... the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth bargain and sell, unto the said party of the DEEDS.
Page 311 - A verdict was taken for the plaintiff, with leave to the defendant to move to set it aside and enter a nonsuit instead. And a rule nisi having been obtained in the...