Case law

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.

Riddle v. Cumberland County

180 N.C. 321 · Supreme Court of North Carolina · Nov 10, 1920

It was merely a convenient form of ballot designated to express the will of the qualified voters upon the question submitted to them, and the ballots used by them and the surrounding circumstances show clearly and unmistakably … The entire township was to be established as a single school district, and the vote was to be taken accordingly.

Wilmington & Weldon Railroad v. Alsbrook

110 N.C. 137 · Supreme Court of North Carolina · Feb 5, 1892

The established rule of construction in such cases is that rights, privileges and immunities not expressly granted are reserved. … If to be used as a branch or connecting road, the property clearly was not intended to be exempt.

Wilkinson v. . Dunbar

149 N.C. 20 · Supreme Court of North Carolina · Nov 5, 1908

McKelvey on Evidence, p. 230, and, in reference to it, this author says that it is nothing more than ordinary testimony as to facts given by witnesses specially qualified by observation and experience to give-it. … Such witnesses are really not experts in the strict sense of the term; they are only specially qualified witnesses.

Smith v. State

298 N.C. 115 · Supreme Court of North Carolina · Sep 4, 1979

Clearly, the legislature intended for the head of the Department of Human Resources to have final authority over all management functions, not merely “supervisory” power. … The tape also disclosed unanimous resentment against the hot line established by the Department of Human Resources for hospital employees to voice complaints and against the “grant of immunity” to those who used it.

Hammond v. . McRae

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

duly qualified voters did not vote. … of the qualified voters of the district is intended.

Wilson v. McClenny

262 N.C. 121 · Supreme Court of North Carolina · Jun 12, 1964

The evidence in this case fails to establish a novation whereby Gateway’s employment contract with plaintiff was substituted for his voting agreement with defendants. … In other words, because of their financial interest and fiduciary relationship they had a qualified privilege to interfere with contractual relations between the corporation and a third party.

Williamson v. Clay

243 N.C. 337 · Supreme Court of North Carolina · Jan 13, 1956

The elements of each have been clearly defined. Ramsbottom v. R. R., 138 N.C. 38, 41 , 50 S.E. 448 ; Hall v. Coble Dairies, 234 N.C. 206 , 67 S.E. 2d 63 . There is no controversy as to these well established rules. … But it is for the jury to pass upon the credibility of the witnesses and the weight to be given the evidence tending to establish such facts.

State v. Norris

242 N.C. 47 · Supreme Court of North Carolina · Apr 13, 1955

The test as to the sufficiency of *54 evidence to go to the jury in a case of culpable negligence is clearly set forth in the case of S. v. Cope, 204 N.C. 28 , 167 S.E. 456 . … The care and vigilance of one driver are not sufficient to give immunity from injury and death which often single out those who are free from blame.

Whitford v. Board of Commissioners

159 N.C. 160 · Supreme Court of North Carolina · May 28, 1912

Elections were duly held in the county and township, and by a majority of the qualified voters the levy of a tax of $2,500 and the issue of bonds by the county to the par value of $5,000, and by the township to the amount … We are not at liberty to declare a legislative act void, as being-unconstitutional, unless it is clearly so beyond any reasonable doubt.

Bond v. . Wool

107 N.C. 139 · Supreme Court of North Carolina · Sep 5, 1890

Clearly, then, if the western boundary line of lot No. 187 be located where plaintiff claims that it runs, the defendant had not trespassed on the water front of that lot by crossing over to the east of it, but had, as far … The only remaining question is, whether the testimony establishes the right of the plaintiff to demand a perpetual injunction in order to restrain the defendant from injuring or destroying the fish-house or any part of it

O'Neal v. . Rollinson

212 N.C. 83 · Supreme Court of North Carolina · Sep 22, 1937

In its application to the facts of the case on trial, it seems to me the rule thus propounded was clearly correct. … Board of Commerce & Navigation, 121 Atl., 337 , it is said: “In conveying to the water, the prosecutor was entitled to rely on, and its grantees were charged with knowledge of, the established rule that in wharfing out, the

Key v. . Board of Education

170 N.C. 123 · Supreme Court of North Carolina · Nov 17, 1915

The complaint alleged that the said district was duly established in 1908 and had continued to operate under the law, section 4115, Revisal, *Page 172 until the present year, when a petition, signed by two-thirds of the qualified … The authorities cited in the learned brief of counsel for appellee were cases where the powers conferred were held to be purely ministerial and the right to mandamus was very clearly established.

State v. McEachern

283 N.C. 57 · Supreme Court of North Carolina · Mar 14, 1973

. *62 The question by the able and fair trial judge, although clearly inadvertent, assumed that defendant had raped Mrs. Sanderson. This expression of opinion might well have affected the verdict of the jury. … In the first place, it is not conceded that the guilt of the defendant is conclusively established by the record. . . . Suffice it to say, the evidence is in conflict.

Town of Hendersonville v. Jordan

150 N.C. 35 · Supreme Court of North Carolina · Dec 22, 1908

And as to the place where the election was held, the general law (section 2946) clearly contemplates that the polling place should be fixed by the governing authorities of the city or town; and while these places are, as … On the remaining objection urged to the validity of this contemplated bond issue, that a majority of the qualified voters of the town was required, the charter provides expressly in reference to this election that the result

Carroll v. Herring

180 N.C. 369 · Supreme Court of North Carolina · Nov 17, 1920

The last clause in the above item, by which this 37 acres of land was devised, shows clearly that it was the intention of the grantor for his son, James A. … What words could the testator have used to more clearly express his desire than “Both of said tracts to the said James A.

Simon v. . Manning

99 N.C. 327 · Supreme Court of North Carolina · Feb 5, 1888

This was clearly inadmissible, since testimony comes to the jury under the sanction of an oath, and this assurance of the verity of the testimony is wanting, and the law imperatively demands it when witnesses give their evidence … Brought to the test of the rule thus established, the declaration of the deceased deputy, as to what occurred at the store and what was said by the witness Cherry, were properly rejected, inasmuch as it was but a statement

Askew v. . Reynolds

18 N.C. 367 · Supreme Court of North Carolina · Dec 5, 1835

The plaintiff offered evidence, tending to remove the legal presumption, and to establish an actual Iona fide intention, which was properly submitted to the jury. … , or tended to qualify and characterise, the very fact to be investigated.

State v. Hall

224 N.C. 314 · Supreme Court of North Carolina · May 24, 1944

Only in case of failure to establish a violation of law is tbe restoration of the liquor permitted. G. S., 18-13. … Clearly the shipment was being diverted from-permitted channels.

Dail v. . Jones

85 N.C. 221 · Supreme Court of North Carolina · Oct 5, 1881

This evidence was offered to show that the-grantor intended by the deed to convey a present interest to the plaintiff and his wife, and for that purpose was clearly incompetent because it would contradict the deed, and the … It is too well settled by numerous adjudications in this state to admit of serious argument to the contrary, and.upon this well established principle it has been repeatedly held that a reservation of a life estate in chattels