Case law

Lacy v. Fidelity Bank of Durham

183 N.C. 373 · Supreme Court of North Carolina · Apr 19, 1922

contained in this Article VII, section 7, which prohibits counties, cities, and towns, or other municipal corporations, from contracting debts or levying taxes except for necessary expenses unless approved by a majority of the qualified … The position is presented and clearly approved in principle in the Collie case, supra.

Wynn v. Trustees of the Charlotte Community College System

255 N.C. 594 · Supreme Court of North Carolina · Nov 8, 1961

Indeed, they allege, clearly and positively, that the bonds and tax were duly authorized, “with the proceeds to be used by the Charlotte Community College System for construction of new campuses for Charlotte College and … It is noted that plaintiffs do not allege that any qualified prospective student has been or will be excluded from attending either Charlotte College or Carver College solely on the basis of race.

Morgan v. . Bass

25 N.C. 243 · Supreme Court of North Carolina · Dec 5, 1842

This doctrine is recognized in the cases referred to, and in many others, which it is unnecessary to cite, and is clearly pre supposed in the act of 1835, c. 13, (Rev. … Facts may be discovered after an instrument has been offered and proved as a testament, that were then unknown, but which, if permitted to be shewn, would clearly establish it as a will of lands. .

State v. Camp

286 N.C. 148 · Supreme Court of North Carolina · Nov 26, 1974

The General Assembly having thus formally and clearly expressed its will, the Court is without power to interpolate or superimpose conditions and limitations which the statutory exception does not of itself contain.” … Since the statutes do not make the test which establishes nonpaternity conclusive of that issue but merely provide that the results of such test ‘when offered by a . . . duly qualified person’ shall be admitted in evidence

Cooke v. Outland

265 N.C. 601 · Supreme Court of North Carolina · Nov 24, 1965

The allegations in the petition and the admissions in defendants’ answer show that plaintiff is “a qualified shareholder” in the Bank of Rich Square as the words “a qualified shareholder” are defined in G.S. 55-38(a). … bad faith or the fact that inspection is not sought for a proper purpose, and the burden of establishing such bad faith or improper purpose rests upon the corporation.

Puitt v. Commissioners of Gaston County

94 N.C. 709 · Supreme Court of North Carolina · Feb 5, 1886

That there were sixty-three qualified white voters residing within the limits of school district No. 21 at the time of said election. … These considerations clearly indicate the incompatibility of such legislation, partial in its operation, with the equality established in the Constitution, and to which all legislative action must conform, in order to its

State Ex Rel. North Carolina Utilities Commission v. McKinnon

254 N.C. 1 · Supreme Court of North Carolina · Feb 3, 1961

We concur in the view that an exempted intracity carrier under G.S. 62-121.47 (1) (h) cannot qualify under the provisions of G.S. 62-121.52 (9) with respect to the transportation of charter parties generally. … In our opinion, the phrase “without assuming liability therefor” was inserted for the purpose of making it clear that such governing authorities were not waiving governmental immunity from torts, and does not restrict the

Rorrer v. Cooke

313 N.C. 338 · Supreme Court of North Carolina · May 7, 1985

Therefore, the first criterion established by Hodges is not at issue. … App. 1976), cert. denied, 546 S.W. 2d 810 (1977); Haskell, The Trial Lawyer’s Immunity from Liability for Errors of Judgment, 1979 The Trial *359 Lawyer’s Guide 87. Cf.

Bullard v. Pilot Fire Insurance

189 N.C. 34 · Supreme Court of North Carolina · Jan 24, 1925

Upon this principle the testimony of the agents, Robinson and Tyson, evidently accepted by the jury, clearly establishes a waiver at the inception of the contract. … policy if he had to buy one, expressly consented that he should not be required to keep the books in his place of business and should have permission to take them home at night; and Tyson knew that the plaintiff was not qualified

State v. . Bray

35 N.C. 290 · Supreme Court of North Carolina · Jun 5, 1852

It then prescribes that marriage shall be by license or by publication of bans by any minister of the gospel qualified as in the act before prescribed. … The acts clearly recognize in that church the distinction between the cure of souls and the cure of a parish; for the authority to perform the ceremony belonged to every clergyman, whether bishop, priest, or deacon.

McArtan v. . McLauchlin

88 N.C. 391 · Supreme Court of North Carolina · Feb 5, 1883

The said McLeod died in May, 1870, and the defendant, McLauchlin, qualified as his administrator on the 11th of August, 1870, and has fully administered the personalty, except a very small sum of money in hand. … Wallace, 5 Jones, 181 , the matter was again explained, and at greater length, by Pearson, J., and the distinction clearly drawn between common law powers, where there is no seizin to serve the estate, and such as operate

State v. . Telfair

109 N.C. 878 · Supreme Court of North Carolina · Sep 5, 1891

Avery, J. after stating the facts: The defendant’s request for instruction was equivalent to a demurrer to the strongest phase of the testimony which is presented in the foregoing summary, of those facts tending to establish … The evidence was not clearly inconclusive as to the defendant’s guilt, and it would have been error to have so held and to have withdrawn the case from the consideration of the jury. State v. Dixon, 104 N. C., 704 .

Moore v. Town of Plymouth

249 N.C. 423 · Supreme Court of North Carolina · Jan 28, 1959

It may be qualified by the particular circumstances existing at the time.” *430 Brown v. Products Co., Inc., 222 N.C. 626 , 24 S.E. 2d 334 ; Hoke v. Greyhound Corp., 227 N.C. 412 , 42 S.E. 2d 593 ; Lucas v. … R., 240 N.C. 338 , 82 S.E. 2d 346 : “This alleged negligence, if established, continued to the moment of actual impact and so constituted a proximate causd of Graham’s death. As stated by Seawell, J., in Henderson v.

State v. Knight

269 N.C. 100 · Supreme Court of North Carolina · Jan 20, 1967

doubted by the courts of this State that the provisions of the Constitution of North Carolina, Article I, §§ 13 and 17, are to be so interpreted and that such systematic exclusion from the grand jury of persons, otherwise qualified … These exemptions are clearly within the power of the Legislature. In State v.

State v. Hayes

314 N.C. 460 · Supreme Court of North Carolina · Oct 1, 1985

Although we decline to establish a per se rule establishing a specific length of time beyond which a confession cannot be considered as being made at an early stage of the criminal process, we hold that in this case the defendant … Flowers’ first inculpatory statement was, therefore, clearly made at an early stage of the criminal process.

Campbell v. . Smith

54 N.C. 156 · Supreme Court of North Carolina · Jun 5, 1854

There is some doubt upon the second ground, not as to the law for that is clearly settled, (see Lemmond vs. Peoples, 6 Ired. Eq. … Rep. 137 , and the cases there referred to,) but as to the testimony: It is established by the proof, as we think, that the intestate did intend at ono time to convey her slaves to the defendant upon the secret trust charged

State v. Wright

274 N.C. 380 · Supreme Court of North Carolina · Oct 30, 1968

We turn now to the application of these established rules to the facts shown in this record. … First, the sheriff's testimony clearly establishes that, in the preceding ten years, virtually every grand jury drawn in the county had one or more Negro members.

Mitchell v. Downs

252 N.C. 430 · Supreme Court of North Carolina · Apr 27, 1960

the will must be observed and performed by such administrator, both with respect to real and personal property”; that “such administrator has all the rights and powers, discretionary or otherwise, unless a contrary intent clearly … Poulos which if established will constitute a debt of said estate, and funds are in the hands of the Clerk, as shown in return to writ of certiorari, which would indicate that factually the estate has not been settled, and

Cooper v. . Cherry

53 N.C. 323 · Supreme Court of North Carolina · Jun 5, 1861

We have, therefore, felt it to be our duty to give the subject a serious reconsideration, and, after doing so, are satisfied that the construction established by Reeves v. … As to him, the fact that the assets have been paid over and refunding bonds taken, does not establish the plea of “fully administered.”

Swindall v. . Swindall

43 N.C. 285 · Supreme Court of North Carolina · Jun 5, 1852

. *286 The answer of the defendant, Swindall, admits that his motive for qualifying as executor was that charged in the bill; but it denies, positively, thathe received, found, or took after his father’s death, either of … It is true, that but one witness speaks directly to each precise sum; but they are both sustained and corroborated by circumstances, and the testimony of other witnesses, which concur in establishing, very clearly, that the