Case law

Hicks v. . Love and Bruton v. . Love

201 N.C. 773 · Supreme Court of North Carolina · Dec 9, 1931

C., 824 , a nonexpert witness, who had not qualified himself by a statement of his previous observation -and experience, was permitted to testify after objection as to the speed of a bus traveling on the highway, and it was … A part of this evidence has reference to the industry of the deceased and to the business in which he was engaged and is clearly within the scope of the cases just cited; and we see no convincing reason for holding that the

Mewborn v. . 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 be 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.

Brown v. Atlantic Coast Line Railroad

161 N.C. 573 · Supreme Court of North Carolina · Mar 26, 1913

Applying the principle, while the testimony of plaintiff, if accepted by the jury, clearly established an actionable wrong on the part of the conductor and employees, for which the defendant is responsible (Stanley v. … Taylor, referring to a cross-examination of plaintiff’s witness, and in which he had qualified his statement as made in chief: “True, the witness seems subsequently to have qualified his statement, but we are not at liberty

State v. Albert

312 N.C. 567 · Supreme Court of North Carolina · Jan 8, 1985

Furthermore, the evidence clearly tended to show that Brenda King was, in fact, an accomplice but was testifying under a grant of immunity. … There was sufficient evidence to establish the existence of a conspiracy to murder Coy Mills and that Doris Mills was one of the conspirators.

Smith v. . Moore

178 N.C. 370 · Supreme Court of North Carolina · Oct 22, 1919

may be to create an estate in A. for life, remainder to his heirs, so that the estate shall go to those persons who are the heirs of A., and descend to his heritable blood in line of descent, the policy of the law, which established … No such intention could have been expressed more clearly than by the language of this testatrix in her will, especially if it is read as an entirety, as it should be (Jones v.

Nicholson v. . Serrill

191 N.C. 96 · Supreme Court of North Carolina · Jan 27, 1926

Ballard, appointed in said will as executors, have duly qualified as such. The other persons appointed as executors have not qualified, one, Chief Justice Walter Clark, having since died, and the other, Henry N. … The purpose *101 of tbe testatrix that said sum shall be and remain intact until tbe happening of tbe contingences as stated in tbe will, is clearly expressed.

John R. Sexton & Co. v. Justus

342 N.C. 374 · Supreme Court of North Carolina · Dec 8, 1995

The Department argues that the concentrated products in question did not qualify for exemption without proper registration as required under the Soft Drink Tax Act (“Act”). … Because natural orange juice qualified for the statutory exemption when sold bottled, we concluded that the frozen concentrated orange juice at issue in Institutional Food House was also exempt.

Roberts v. Cannon

20 N.C. 256 · Supreme Court of North Carolina · Jun 15, 1839

But however this might be, there are other considerations which tend very strongly to establish the interpretation which we are inclined to adopt upon the words of the section. … The Constitution hath very clearly substituted the payment of a public tax for the freehold qualification, and required a residence of twelve, instead of a residence of six months- — but that it has introduced an entirely

Dudley v. Staton

257 N.C. 572 · Supreme Court of North Carolina · Jul 10, 1962

It further established for a married woman that she could devise and bequeath all her property as if she were unmarried, and with the written assent of her husband conveyed by her as if she were unmarried. In Walker v. … The right conferred is not absolute, but qualified.” The case of Thomason v.

State v. Poole

305 N.C. 308 · Supreme Court of North Carolina · Mar 30, 1982

This contention is clearly without merit. While Mr. … Defendant’s counsel was well-qualified and the record discloses that he represented defendant in an exemplary fashion.

Thigpen v. Jefferson Standard Life Insurance

204 N.C. 551 · Supreme Court of North Carolina · Apr 19, 1933

The law is designed to be a practical science, and it would seem manifest that a plain, everyday fact, uncontroverted and established, ought not to be overthrown by the vagaries of opinion or by scientific speculation. … The Court will assume, in the face of certain physical facts, that he did not intend to imply that she was reduced to a state of utter helplessness; he clearly had in mind some less strict standard of total disability.

Nash v. Town of Tarboro

227 N.C. 283 · Supreme Court of North Carolina · Apr 9, 1947

If it be said that a benefit results to the local public of a town by establishing manufacturers, the same may be said of any other business or pursuit which employs capital or labor. … The reason municipal property is granted immunity from taxation is, that it is supposed to be dedicated to a public use.”

Great Southern Media, Inc. v. McDowell County

304 N.C. 427 · Supreme Court of North Carolina · Dec 1, 1981

Clearly the legislature intended that G.S. 1-597 apply to all legal notices required to be published in newspapers. … Its subscribers numbered between four and five hundred and included “[attorneys, automobile dealers, repair shops . . . wall paper companies, undertaking establishments, newspapers, florists, storage houses, drug stores,

State v. Sidden

315 N.C. 539 · Supreme Court of North Carolina · Feb 18, 1986

If he reply in the affirmative, thus qualifying himself to speak on the subject of general reputation and character, counsel may then ask him to state what it is. … While it is true that Holloway did not proffer the magical language that Walker’s reputation was “bad,” he was clearly familiar with Walker’s reputation, and his description of it leads to no conclusion but that he thought

Ussery v. Branch Banking & Trust Co.

368 N.C. 325 · Supreme Court of North Carolina · Sep 25, 2015

BB&T Opinion of the Court Here the language in both the $425,000 Note and accompanying modifications clearly and unambiguously establishes plaintiff’s indebtedness. … BB&T Opinion of the Court In conclusion, the $425,000 Note and modifications clearly establish plaintiff’s indebtedness and his waiver of offsets and defenses against BB&T.

Hauser v. Craft.

134 N.C. 319 · Supreme Court of North Carolina · Mar 8, 1904

We are clearly of the opinion that they did so take. … We must abide by the rule as established by the authorities we have cited and give our decision upon this point in favor of the plaintiffs.

Smith v. . Light Company

198 N.C. 614 · Supreme Court of North Carolina · Apr 23, 1930

Smith has been duly qualified as administratrix of the estate of the late Junius Herbert Smith, Jr., deceased. … Moreover, it cannot be merged or blended either with the spirit of the act or the language employed by the Legislature to convey and establish the intent of the lawmaker.

Desmond v. News and Observer Publ'g Co.

Supreme Court of North Carolina · Aug 14, 2020

Moreover, plaintiff stated: “I guarantee that if you ask another qualified examiner, a qualified firearms examiner, what they – to go ahead and examine it under the microscope, that they will come to the same conclusion … Schwartz advised Hendrikse to “do whatever’s comfortable” and that if he spoke with Locke, “make sure you qualify your opinions as much as you think they should be qualified.”

State v. Ramseur

Supreme Court of North Carolina · Jun 5, 2020

As an initial matter, it is well established that “a statute is presumed to have prospective effect only and should not be construed to have a retroactive application unless such an intent is clearly expressed or arises … The Supreme Court, however, described the change as “clearly procedural.

Duncan v. City of Charlotte

234 N.C. 86 · Supreme Court of North Carolina · Jul 17, 1951

It creates for firemen substantial financial benefits, to be paid from the public treasury under the guise of workmen’s compensation benefits, without establishing an occupational disease as the usual incident *93 or result … Bynum, J., ■delivering the opinion, in referring to Article I, Sections 7 and 31, of the Constitution of North Carolina, said: “The wisdom and foresight of our ancestors is nowhere more clearly shown than in providing these