Reports of Cases Argued and Adjudged in the Supreme Court of North Carolina During the Years ..., Volume 4

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Page 191 - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
Page 188 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 312 - Snow his Heirs and Assigns, shall and may from Time to Time, and at all Times forever hereafter, by Force and Virtue of these Presents, lawfully, peaceably and quietly Have, Hold, Use, Occupy, Possess and Enjoy, the said demised...
Page 392 - ... legal state government. Now if, according to the doctrine of the case of Luther v. Borden, you are to follow the decisions of the highest court in the state as to the legality of their own government, then the decision of the highest court in Mississippi is conclusive upon the action of this court. Indeed, it is impossible to shut our eyes to the fact that, however censurable and criminal may have been the conduct of the legislatures of the rebel states during the Rebellion, there were, nevertheless,...
Page 312 - Furthermore I the said Asa Douglass for myself Heirs, Executors and Administrators do Covenant and Engage the above demised Premises to him the said Caleb Gardner his Heirs and Assigns against the lawful claims or demands of any Person or Persons whatsoever, forever hereafter to Warrant, Secure and Defend...
Page 188 - ... such intention can be discovered, it ought to be followed with reason and discretion, in the construction of the statute, although such construction seem contrary to the letter of the statute.
Page 40 - ... indemnified is obliged to pay the demand, that is equivalent to a judgment, and estops the other party from saying that the defendant in the first action was not bound to pay the money.
Page 311 - Have given, granted, bargained, sold, aliened, conveyed and confirmed; and by these Presents, do freely, fully and absolutely give, grant, bargain, sell, aliene, convey and confirm unto him the said Caleb Gardner, his heirs and Assigns forever...
Page 190 - English law, that the species, though not always the quantity or degree, of punishment is ascertained for every offence...
Page 141 - AB, as well for and in consideration of the natural love and affection which he hath and beareth unto the said...

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