Cases Argued and Determined in the Supreme Court of North-Carolina, Volume 1J. Gales and Son, 1829 - Law reports, digests, etc |
Common terms and phrases
action amount assigned Assumpsit Badger Bank bill bond bound cause certiorari charged claim common law confessions contract Counsel appeared County Court Court of Equity creditor CURIAM.-Judgment affirmed CURIAM.-Judgment reversed debt debtor declaration deed Defendant appealed Defendant's delivered DETINUE discharged dollars duty endorser entitled estoppel et ux evidence execution executor fact fendant give given Godley grant Greenlee guilty heirs held HENDERSON honor Judge Huson indictment instructed the Jury intended interest intestate issue John judgment JUNE Jury Justice land levy ment negro nonsuit notice offence opinion parties payment perjury person Plaintiff plea pleaded possession principle prisoner proved purchaser question reason received recover refused returned rule seisin Sheriff Sheriff's deed slave statute statute of limitations suit Superior Court surety taxes TAYLOR term testator tiff tion tract trespass trial trust usurious verdict Vide witness words writ
Popular passages
Page 185 - Looking into all the cases from the Year Book in the 21 Hen. 7, down to the latest decision on the subject, I find the principle to be, that if the injury be done by the act of the party himself at the time, or he be the immediate cause of it, though it happen accidentally or by misfortune, yet he is answerable in trespass.
Page 143 - to have carnal knowledge of a woman by force and against her will." And, more• ivi-г, the words "feloniously did ravish and carnally know" imply that the act was done forcibly and against the will of the woman.
Page 184 - If the injurious act be the immediate result of the force originally applied by the defendant and the plaintiff be injured by it, it is the subject of an action of trespass vi et armis by all the cases both ancient and modern. It is immaterial whether the injury be wilful or not.
Page 277 - ... a known rule and never controverted that one plea cannot be taken in to help or destroy another, but every plea must stand or fall by itself.
Page 51 - For (to use his quaint but expressive language) " the statute is like a tyrant ; where he comes, he makes all void : but the common law is like a nursing father, and makes void only that part where the fault is, and preserves the rest.
Page 139 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 505 - That it is better that ten guilty persons escape, than that one innocent man should suffer.
Page 523 - in due form of law tried upon a certain indictment then and there depending against him
Page 264 - Therefore to convict a man of perjury, a probable, a credible witness is not enough ; but it must be a strong and clear evidence, and more numerous than the evidence given for the defendant, for else there is only oath against oath.
Page 404 - ... demurrer assigning for cause that the plaintiff by the replication had attempted to put in issue three distinct facts, the act of bankruptcy, the trading, and the...