Case law

Preston v. Movahed

Supreme Court of North Carolina · Apr 3, 2020

MOVAHED Opinion of the Court the evidence establishes that Dr. … Clearly plaintiff should have been aware that a clinical cardiologist like Dr.

Humphries v. Edwards

164 N.C. 154 · Supreme Court of North Carolina · Dec 3, 1913

"When tbe facts are admitted, or otherwise established, what is probable cause becomes a puré question of law. Swaim v. Stafford, 25 N. C., 289 ; Moore v. … There were no qualifying words used by Humphries. Besides, he had a deadly weapon, which could have been used effectively in. an instant.

Hammond v. McRae

182 N.C. 747 · Supreme Court of North Carolina · Dec 29, 1921

for necessary expenses, it has been repeatedly held that tbe term “qualified voters therein” means all persons resident in tbe district and qualified to vote there, as evidenced by a valid registry of voters made pursuant … tbe qualified voters of tbe district is intended.

State v. . Womble

112 N.C. 862 · Supreme Court of North Carolina · Feb 5, 1893

Those provisions of the general road law are clearly repugnant to, and operate as a repeal of, that portion of the charter which granted the exemption, (864) unless the older statute was, in contemplation of law, "local or … But it does not necessarily follow that the effect of that statute was to establish a sweeping rule, without any such exception as had been previously made by law.

Smith v. Keator

285 N.C. 530 · Supreme Court of North Carolina · Jul 1, 1974

And when the legislative body undertakes to regulate a business, trade, or profession, courts assume it acted within: its powers until the contrary clearly appears. Mitchell v. … Reed the United States Supreme Court reviewed an Idaho statute that provided a mandatory preference for males over females in selecting estate administrators within a given class of qualified persons.

Owens v. . Wake County

195 N.C. 132 · Supreme Court of North Carolina · Jan 31, 1928

The question of contracting these debts has never been submitted to the qualified voters of the county. Constitution, Art. VII, sec. 7. … The subject has recently been considered and the controlling principle clearly stated in an opinion delivered by Connor, J., in Frazier v. Comrs., 194 N. C., 49 , cited and approved in Hall v. Comrs., 194 N.

White v. Fisheries Products Co.

185 N.C. 68 · Supreme Court of North Carolina · Mar 7, 1923

sale, but here the facts permit the inference that having the fraudulent purpose in his mind at the time, defendant’s agent obtained the notes under the guise of a bona fide agreement not to negotiate, and the cause comes clearly … As said in Feezer’s case, supra: “To bold the contrary would be to sanction the principle that the deeper the guilt the the immunity, and enable fraud by its own contrivance to so entrench itself that its position would in

Thomason v. Railroad

142 N.C. 300 · Supreme Court of North Carolina · Oct 16, 1906

J., denies such immunity. … His Honor clearly stated to the jury the limits within which, by the judgment upon the demurrer, he had restricted plaintiffs.

Hartsfield v. Harvey C. Hines Co.

200 N.C. 356 · Supreme Court of North Carolina · Feb 18, 1931

Tbe foregoing instruction is in accord with authority established by tbe decisions of this Court. Ramsey v. Cheek, 109 N. C., 270 ; Gattis v. Kilgo, 128 N. C., 402 ; Gattis v. Kilgo, 140 N. C., 106 ; Fields v. … The legal distinctions between absolute and qualified privilege are pointed out in tbe decisions. Qualified privilege rests upon tbe fact of interest or duty.

Stern v. Lee

115 N.C. 426 · Supreme Court of North Carolina · Sep 15, 1894

homestead privileges and immunities therein. … C., 374 , the Justice who delivered the opinion, combatting the rule established by *432 Adrian v.

Presnell v. Pell

298 N.C. 715 · Supreme Court of North Carolina · Dec 4, 1979

Such an allegation at the pleading stage serves to negate the good faith element of qualified privilege. … This is especially true where a statute establishes, as here, a procedure whereby matters of regulation and control are first addressed by commissions or agencies particularly qualified for the purpose.

LaFontaine v. Southern Underwriters Ass'n

83 N.C. 132 · Supreme Court of North Carolina · Jun 5, 1880

I have looked into the cases cited at the bar and am unable to perceive any principle which ought to vary the foregoing opinion,” *142 It is quite obvious from the principle established that much of the information responsive … How can this immunity be invaded by requiring disclosures, rendered inadmissible as evidence against him, and when any attempt by subsequent legislation to make the evidence competent wrnuld be an ex pod facto enactment and

Gardner v. Gardner

300 N.C. 715 · Supreme Court of North Carolina · Jul 15, 1980

(Emphasis original.) *718 At the outset, we note our agreement with the Court of Appeals that the language of the amendment to G.S. 50-3 is clearly mandatory. … Stated otherwise, the statute may be applied retroactively only insofar as it does not impinge upon a right which is otherwise secured, established, and immune from further legal metamorphosis.

Elliott v. State Board of Equalization

203 N.C. 749 · Supreme Court of North Carolina · Dec 21, 1932

If the meaning is clearly expressed it should he adopted; if doubtful, the intention must be sought, McLeod v. Comrs., 148 N. … school population who “are qualified to enter.”

Mewborn v. City of Kinston

199 N.C. 72 · Supreme Court of North Carolina · Jul 2, 1930

Clearly the Legislature had prescribed the mode upon which $200,000 should he issued and the power so delegated had not been exhausted. … The second question of law rests upon the express provision of Article II, section 30, of the Constitution of North Carolina which established the inviolability of sinking funds provided for the retirement of bonds.

Harriss v. Wright

121 N.C. 172 · Supreme Court of North Carolina · Sep 15, 1897

In this *179 country the sovereign people have established national and state constitutions, and these constitutions are the supreme law of the land. … No man or men have yet been able to establish a government capable of accomplishing its legitimate ends, and also incapable of some inconvenience and mischief.

Alliance Company v. State Hospital at Butner

241 N.C. 329 · Supreme Court of North Carolina · Jan 14, 1955

However, it is not here neeessai’y to pass upon the question as to rule of construction in a statute waiving immunity. The case of Lyon & Sons v. … There the basic claim, on which right of subrogation was predicated, was clearly within the purview of the Tort Claims Act.

Baker v. Varser

240 N.C. 260 · Supreme Court of North Carolina · May 19, 1954

It clearly appears by the language of our former opinion, which we here emphasize, that the matter was to be heard in the Superior Court solely upon the Record, and the hearing should be limited to the question of residence … By virtue of its police power a state is authorized to establish qualifications for admission to practice law in its jurisdiction. In re Applicants for License, 143 N.C. 1 , 55 S.E. 635 .

Sessions v. . Columbus County

214 N.C. 634 · Supreme Court of North Carolina · Jan 4, 1939

It is established by tbe authoritative decisions interpreting these sections: 1. … It is admitted that the resolution did not receive a favorable vote of a majority of the qualified voters.

State v. Rollins

363 N.C. 232 · Supreme Court of North Carolina · May 1, 2009

Other considerations have also influenced our previous determinations of whether certain communications qualify as “confidential.” … The record clearly shows that the conversations between defendant and his wife occurred during routine DOC visits and thereby lacked any reasonable expectation of privacy.