Case law

Wake Cares, Inc. v. Wake County Board of Education

363 N.C. 165 · Supreme Court of North Carolina · May 1, 2009

Clearly, local boards of education are not only authorized, but statutorily required to set school calendars, subject to N.C.G.S. § 115C-84.2. … Comm’rs, 174 N.C. 469, 473 , 93 S.E. 1001, 1002 (1917) (noting that the term “uniform” qualifies the word “system” and requires only that provision be made “for establishment of schools of like kind throughout all sections

Freeman v. . Lide

176 N.C. 434 · Supreme Court of North Carolina · Nov 20, 1918

Boyette , 118 N.C. 244 , wherein it was held that the words "for the sole and separate use," or equivalent language qualifying the estate of a trustee for a married woman, must be construed as manifesting the intent on the … The phraseology of article 10, section 6, and the use of the words "sole and separate estate" would clearly indicate that the Court in Perkins v.

Crump v. BD. OF ED. OF HICKORY AD. SU

326 N.C. 603 · Supreme Court of North Carolina · Jun 13, 1990

It is clear, however, that § 1983 works to create “ ‘a species of tort liability’ in favor of persons who are deprived of ‘rights, privileges, or immunities secured’ to them by the Constitution.” Carey v. … Having established injury arising from the due process violation itself to a Catawba County jury’s satisfaction, Crump was entitled to a verdict in his favor. V. Bias is hard to prove.

Freeman v. Lide

176 N.C. 434 · Supreme Court of North Carolina · Nov 20, 1918

C., 244 , wherein it was held that tbe words “for tbe sole and separate use,” or equivalent language qualifying tbe estate of a trustee for a married woman, must be construed as manifesting tbe intent on tbe part of tbe grantor … The phraseology of- article 10, section 6, and the use of the words “sole and separate estate” would clearly indicate that the Court in Perhins v.

Wood v. J. P. Stevens & Co.

297 N.C. 636 · Supreme Court of North Carolina · Jul 30, 1979

This holding is consistent with the statutory scheme for occupational diseases established by G.S. 97-52. … Similarly, we note that our original Workmen’s Compensation Act was made binding on all qualified employers and employees who failed to give notice of nonacceptance, despite the fact that their employment contracts may have

State Ex Rel. Utilities Commission v. General Telephone Co. of the Southeast

281 N.C. 318 · Supreme Court of North Carolina · Jun 16, 1972

Conversely, a finding of “fair value” by the Commission is not rendered immune to judicial review by the Commission’s declaration that, in reaching such finding, it followed no formula. … Of course, a witness qualified to testify as an expert in the field of his training and experience is not necessarily qualified to testify as an expert in other fields, even though somewhat related. Hopkins v.

Rollins v. . Henry

84 N.C. 569 · Supreme Court of North Carolina · Jan 5, 1881

set out in the writ and declaration supposed to follow it, under the former practice, the production of the papers and the proof were useless, and if the cause of action is not sufficiently identified, the evidence was clearly … defendant was not permitted to prove by the witness that the deceased was a citizen and resident of Clay and not of Buncombe county, and that in consequence the probate was 'a nullity and the witness was not a legal and qualified

Bacon v. Lee

353 N.C. 696 · Supreme Court of North Carolina · Aug 2, 2001

Moreover, the separation of powers doctrine is well established under North Carolina law. See State ex rel. Wallace v. … “It is well established that the . . . courts will not adjudicate political questions.” Powell, 395 U.S. at 518 , 23 L. Ed. 2d at 515 .

State v. Hinson

310 N.C. 245 · Supreme Court of North Carolina · Feb 2, 1984

The witness’ statement that the mark “appeared to have been made by a car tire” qualifies as a shorthand statement of fact. State v. Joyner, 301 N.C. 18 , 269 S.E. 2d 125 (1980); State v. … Where, as here, the evidence served merely a corroborative purpose, its significance was clearly diminished.

Sherrill v. . Telegraph Co.

117 N.C. 353 · Supreme Court of North Carolina · Sep 5, 1895

It was clearly an omission of duty to seek no explanation of what seemed unnatural conduct if the message (360) had been delivered to the proper person. … The testimony that he has had opportunity to form and has formed the opinion establishes ipso facto his competency to state it to the jury.

Wayne County Citizens Ass'n for Better Tax Control: Outlaw v. Wayne County Board of Commissioners

328 N.C. 24 · Supreme Court of North Carolina · Jan 10, 1991

It, likewise, clearly authorizes the method of financing employed here and, by implication, the payment of the debt incurred. … The LGC is a statutorily established state agency, with the responsibility for overseeing local government finance.

State v. Workman

344 N.C. 482 · Supreme Court of North Carolina · Oct 11, 1996

One set had a clearly defined heel and toe and, in Lemons’ opinion, was made by cowboy boots; this set of prints led from Mr. Drake’s body to Mrs. Drake’s body. … Wood testified on voir dire that defendant Workman told him that defendant Shoffner suggested that they rob an establishment using the fish fillet knife and that “if you rob a place, you can’t have any witnesses.” Dr.

State v. Tilley

292 N.C. 132 · Supreme Court of North Carolina · Mar 7, 1977

These declarations, following immediately on the heels of the murder, qualified as part of the res gestae and were not, in any event, prejudicial. Defendants’ exceptions 31-35, 39-45, 50, 58-60 are overruled. … If the charge as a whole presents the law fairly and clearly to the jury, the fact that isolated expressions, standing alone, might be considered erroneous will afford no ground for a reversal. (Citation omitted.)

State v. Foster

284 N.C. 259 · Supreme Court of North Carolina · Dec 12, 1973

By reason of his superior learning,. knowledge and skill in the field of identification by fingerprints, he is better qualified than the jury to form an opinion as to whether the two fingerprints shown in the enlarged photographs … McCormick on Evidence § 214 (2d ed. 1972), commenting on the North Carolina rule, says: “The foregoing doctrine concerning the basis on which photographs are admitted is clearly a viable one and has undoubtedly served to

Booker v. Duke Medical Center

297 N.C. 458 · Supreme Court of North Carolina · Jul 12, 1979

The final requirement in establishing a compensable claim under subsection (13) is proof of causation. … On the facts of the instant case claimants have established their right to compensation under G.S. 97-38.

Flippin Ex Rel. Wright v. Jarrell

301 N.C. 108 · Supreme Court of North Carolina · Oct 7, 1980

As a qualification it must stand or fall with that which it qualifies. … In a recent interpretation of the child support provisions found in G.S. 50-13.4(b) and (c), we said: “Taken together, these two statutes clearly contemplate a mutuality of obligation on the part of both parents to provide

Willowmere Cmty. Ass'n, Inc. v. City of Hous.

370 N.C. 553 · Supreme Court of North Carolina · Mar 2, 2018

“[A]n association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy.” … As a member of the plaintiff association and as the party that was clearly intended to benefit from the two-thirds approval requirement in the bylaws, Crescent was entitled to raise the association’s failure to comply

Attorney General Ex Rel. Gillaspie v. Justices of Guilford County

27 N.C. 315 · Supreme Court of North Carolina · Dec 5, 1844

But the principle is clearly declared, that the discretion of the justices is not merely personal and arbitrary. And in the subsequent cases, Rex v. Williams, and Rex v. … On the other hand, we hold that they are not so entirely without discretion as to be bound to license every'applicant, though he be qualified.

Wool v. Fleetwood.

67 L.R.A. 444 · Supreme Court of North Carolina · Nov 15, 1904

or purchase, until the expiration of five years after the devisor’s death, and (3) because by the seventh item the said Leonard and Elizabeth did not acquire the fee, but only a life estate, the word “lawful” *464 which qualifies … If there is anything in the instrument to indicate clearly an intention not to use the words in their technical sense, but as descriptio personarum, as, for instance, that by the words “heirs of the body” the testator meant

State Ex Rel. Carr v. Askew

94 N.C. 194 · Supreme Court of North Carolina · Feb 5, 1886

Askew duly qualified as the guardian of said infants, Minnie Moore and John C. … Reese , 82 N.C. 72 , very clearly intimates an inclination to support the decision in Klutz v. McKenzie , since the amendment to the Constitution of 1875, Art 4, Sec. 8. In Green v.