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 |
From inside the book
Results 1-5 of 100
Page 1
... execution issuing thereon recites the judgment as for the damages only , this is a fatal variance and any sale under the execution is void . Where a judgment is against heirs for lands descended , after the plea of fully administered ...
... execution issuing thereon recites the judgment as for the damages only , this is a fatal variance and any sale under the execution is void . Where a judgment is against heirs for lands descended , after the plea of fully administered ...
Page 2
... execution against them as heirs at law of G. Neely , deceased , for the aforesaid debt and costs . The judgment , as above stated , was recited in the scire facias . At April Sessions , 1842 , there was judgment for the plaintiff ...
... execution against them as heirs at law of G. Neely , deceased , for the aforesaid debt and costs . The judgment , as above stated , was recited in the scire facias . At April Sessions , 1842 , there was judgment for the plaintiff ...
Page 3
... executed to him a deed . Kerr , for the plaintiff . Norwood , for the defendant . DANIEL , J. The defendant insist ... execution was de bonis pro- priis of the heirs . Those variances between the judg- ment and executions are fatal to ...
... executed to him a deed . Kerr , for the plaintiff . Norwood , for the defendant . DANIEL , J. The defendant insist ... execution was de bonis pro- priis of the heirs . Those variances between the judg- ment and executions are fatal to ...
Page 10
... execution to issue instanter , and the sheriff is bound to proceed upon such execution . Appeal from the Superior Court of Law of Washing- ton County , at the Fall Term , 1846 , his Honor Judge PEARSON presiding . This is an action on ...
... execution to issue instanter , and the sheriff is bound to proceed upon such execution . Appeal from the Superior Court of Law of Washing- ton County , at the Fall Term , 1846 , his Honor Judge PEARSON presiding . This is an action on ...
Page 11
... executions , it appeared that they " issued after waiver of the stay by the guardian ad litem and on motion in open Court ; " and upon each of the plaintiff's executions the defendant made the following return : " This execution having ...
... executions , it appeared that they " issued after waiver of the stay by the guardian ad litem and on motion in open Court ; " and upon each of the plaintiff's executions the defendant made the following return : " This execution having ...
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...