Case law

Peyton v. Smith

22 N.C. 325 · Supreme Court of North Carolina · Jun 5, 1839

The Court, therefore, overrules the allowance of 5 per cent, as made by the Master, and sanctions the rate established by the County Court. … The Court holds, very clearly, that it is not. Here the payment was not made on an adjudication — but as on a purchase of the widow’s right.

Maready v. City of Winston-Salem

342 N.C. 708 · Supreme Court of North Carolina · Mar 8, 1996

Further, and more importantly, the holding in Mitchell clearly indicates that the. … This to my mind is clearly the business of government in the jet age in which we are living.

Jones v. Crittenden

1 N.C. 385 · Supreme Court of North Carolina · Jan 15, 1814

Amongst the important objects, which the people of the United States designed to accomplish by adopting the constitution, that of establishing justice, holds a conspicuous rank. … That a new remedy given by the Legislature, should be qualified and limited in any way they deem expedient, seems perfectly unexceptionable. Besides, to whom is the indulgence extended?

In re N.B.

Supreme Court of North Carolina · Apr 23, 2021

Respondent mother provided the results of a blood test from Empire City Laboratories completed on January 2, 2020; however, the test appears to be related to immunizations … ¶ 24 Although the record clearly reflects that respondent-father had some contact with DSS, it also supports the trial court’s finding that his contacts with DSS had been inconsistent.

State v. Massey

316 N.C. 558 · Supreme Court of North Carolina · May 6, 1986

These conclusions are clearly supported by the record. … systematic discrimination in the compilation of the list, or a showing of the presence upon the grand jury itself of a member not qualified to serve.”

State v. Hightower

187 N.C. 300 · Supreme Court of North Carolina · Feb 27, 1924

were all disclosed, and we tbink that when' it is shown that a medical expert has made tbe proper professional examination of tbe patient in order to ascertain the existence of some physical or mental disease, be is then qualified … But when this is denied, the defendant is clearly disadvantageously circumstanced before the jury.

Peoples v. Cone Mills Corp.

316 N.C. 426 · Supreme Court of North Carolina · May 6, 1986

Wages paid an injured employee out of sympathy, or in consideration of his long service with the employer, clearly do not reflect his actual earning capacity, and for purposes of determining permanent disability are to be … Having established that the claimant here is capable of doing sedentary work, the burden is on the claimant to prove that no such work is available to him.

Beroth Oil Co. v. North Carolina Department of Transportation

367 N.C. 333 · Supreme Court of North Carolina · Apr 11, 2014

NCDOT filed an answer and motion to dismiss plaintiffs’ claims pursuant to Rules 12(b)(1), (2), and (6) of the North Carolina Rules of Civil Procedure, and raised the defense of sovereign immunity. … *339 because Rule 52(a) of the Federal Rules of Civil Procedure specifically states that the appellate court will not set aside a trial court’s findings of fact unless the higher court determines that the findings are “clearly

State v. Fearing

304 N.C. 471 · Supreme Court of North Carolina · Dec 1, 1981

The interpretation of G.S. 20-166 argued by the State and expressed in Justice Huskins' dissent is clearly what the law ought to be. EXUM, joins in this concurring opinion. … The effect of the 1975 amendment was to alter the standard of proof established by this court in prosecutions under G.S. 14-71.

Fidelity Bank v. Wysong & Miles Co.

177 N.C. 284 · Supreme Court of North Carolina · Apr 2, 1919

for us to decide whether the trans *289 action between tbe parties was usurious on its face or tainted per se with, usury, if it were such, as the defendant contends that it was, or if, in other words, the defendant has established … Tbe intent may be construed by tbe law upon tbe face of the usurious contract, as we have clearly shown, or it may be proved as a fact.

State v. Jones

292 N.C. 513 · Supreme Court of North Carolina · May 10, 1977

I have no reason to believe that another would have more intelligence and be better qualified than this jury to make the decisions. … The testimony of Trooper Stegall established salient facts concerning the flight of the defendant.

State v. Stevens

295 N.C. 21 · Supreme Court of North Carolina · May 8, 1978

Further, the qualifying questions were not perfunctory to be used “in the event the injured man perchance took a turn for the worse.” … This exception was well established before the adoption of the Constitution, and was not intended to be abrogated.

State v. Furmage

250 N.C. 616 · Supreme Court of North Carolina · Jul 2, 1959

Durham Ratley was not the duly qualified solicitor or prosecuting attorney of said recorder’s court. … to modify the rules so established.

Johnston v. . Pasteur

1 N.C. 582 · Supreme Court of North Carolina · Jul 5, 1803

Though the opinions of the judges on this subject have been different under the former judiciary establishment, and no judgment of sufficient authority was then given so as to settle the law, yet several recent decisions … John Wishart and Richard Taylor, husbands of the legatees, were appointed executors, both of whom qualified, but Wishart principally acted, and worked the slaves on the testator's land.

Lee v. . Oates

171 N.C. 717 · Supreme Court of North Carolina · May 24, 1916

regard to those rules which the law has established for regulating the enjoyment of property in other cases.' … When this Court first established the separate estate, it violated the laws of property as between husband and wife; but it was thought beneficial, and it prevailed.

Mims v. Mims

305 N.C. 41 · Supreme Court of North Carolina · Jan 27, 1982

Clearly, neither the United States Constitution nor the North Carolina Constitution require courts to employ presumptions of gift or trust in settling property disputes. … See 89 C.J.S., Trusts, Sec. 133, as to admissibility of evidence to establish a resulting trust.”

Turner v. Thomas

369 N.C. 419 · Supreme Court of North Carolina · Dec 21, 2016

in continuing an unfounded criminal proceeding when otherwise it would have been terminated may be hable for malicious prosecution” (footnotes omitted)); id. § 18, at 751 (stating that, even if “the defendant is granted immunity … According to well-established North Carolina law, [a] pleading complies with [N.C. R. Civ. P.

Wachovia Bank & Trust Co. v. Doughton

189 N.C. 50 · Supreme Court of North Carolina · Jan 24, 1925

Taylor’s will, are residents of this State; and the Wachovia Bank and Trust Company is the duly appointed and qualified administrator, c. t. a., d. b. n., of the estate of Mrs. Taylor, and guardian of her infant son. … They must resort to both in order to establish their full title, for the will of neither alone will suffice.

State v. Packingham

368 N.C. 380 · Supreme Court of North Carolina · Nov 6, 2015

Ct. 2329, 2344 (1997) (observing that previous cases from that Court “provide no basis for qualifying the level of First Amendment scrutiny that should be applied” to online activities); see also Brown v. … Here, there is no dispute that the State’s purported concern—protecting minors from exploitation by registered sex offenders using the Internet—qualifies as a legitimate and significant government interest.

State v. . Lawrence

196 N.C. 562 · Supreme Court of North Carolina · Jan 23, 1929

Clearly this evidence is no more than the conclusion or deduction of the witness. S. v. Thorp, 12 N. C., 186 . … merely designates the accused as a member of a certain physical class is insufficient and does not, in my judgment, “warrant a verdict of guilty,” particularly when the witnesses, who are very intelligent, are careful to qualify