Case law

Sue Lee Parks Ex Rel. Garcia v. Washington

255 N.C. 478 · Supreme Court of North Carolina · Oct 11, 1961

Clearly the evidence was competent on the first issue. … His experience of more than thirty years on the bench eminently qualified him to evaluate the testimony.

Walker v. . Walker

185 N.C. 380 · Supreme Court of North Carolina · Apr 18, 1923

George Walker shall ow-n in his own right and in fee a certain other portion of the same, and it all clearly and distinctly excludes the idea, which is the only foundation of the conflicting claim, that any of them derive … As to the third of the propositions, if the partition is made by consent, without anything else being said, and without being qualified by any other .provisions, the rule therein laid down as to the effect of the division

Churchwell v. Branch Banking & Trust Co.

181 N.C. 21 · Supreme Court of North Carolina · Feb 23, 1921

Churchwell qualified as her administrator and became a party as defendant to the action. The plaintiff claims that E. B. … We do not find such admissions in these pleadings as necessarily establish, as matter of law, the plaintiff's right to recover.

Youngblood v. North State Ford Truck Sales

321 N.C. 380 · Supreme Court of North Carolina · Feb 3, 1988

The evidence clearly shows that plaintiff made his living as a salesman of Kansas Jack equipment, not as an instructor. … We find this evidence insufficient to establish an independent call *387 ing in this case. See Askew v.

Rel. Ins., Inc. v. Pilot Risk Mgmt. Consulting, LLC

Supreme Court of North Carolina · May 22, 2026

This clearly evinces a -18-  REL. INS., INC. V. PILOT RISK MGMT. … Thus, the condition “without express or implied authority or consent” clearly attaches to the phrase “acquisition, disclosure or use.”

State v. Rogers

316 N.C. 203 · Supreme Court of North Carolina · Apr 2, 1986

Defendant Carraway cites as error the trial court’s alleged refusal to allow her to ask prospective jurors during voir dire “nondeath qualifying” questions to counter the State’s “death qualifying” questions. … Clearly, the questioned argument was based on reasonable inferences which could be drawn from the evidence.

Byrd v. . Hudson

113 N.C. 203 · Supreme Court of North Carolina · Sep 5, 1893

The second exception was abandoned, and as to the third exception the testimony of Stevens was clearly competent, as tending to prove malice. 13 A. E. Enc., 431, sec. 4. 3. … Cheek, supra , which like the present, was a case of qualified privilege [13 A. E.

Lumber Co. v. . Smith

146 N.C. 199 · Supreme Court of North Carolina · Nov 27, 1907

The qualifying language in this quotation presents the difficulty in this case. … We are clearly of the opinion that either the assessment is void and should be so declared, or (205) that the plaintiff should have an opportunity to contest all of the questions in the court which would have been open to

State v. Pridgen

313 N.C. 80 · Supreme Court of North Carolina · Feb 27, 1985

Drummond, based on his experience and expertise in the field of medicine, was qualified to offer his opinion on this question. See State v. … We find the evidence sufficient to establish the elements of premeditation and deliberation.

McKinney v. Goins

Supreme Court of North Carolina · Jan 31, 2025

“Stated otherwise, [a] 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.” Gardner v. … Not so with vested rights, which are immune to infringement by the Legislature.”

Collie v. Commissioners of Franklin County

145 N.C. 170 · Supreme Court of North Carolina · Oct 10, 1907

When tbe people bave clearly ordained what shall be done, we, as Judges, have nothing to do but to obey and to execute their will. … It is emphatically a general one, and of the first importance, and is so clearly defined to be in Article IX.

State Ex Rel. Moseley v. Johnson

144 N.C. 257 · Supreme Court of North Carolina · Apr 3, 1907

The form of the issues is of little consequences if the material facts at issue are clearly presented by them. Paper Co. v. Chronicle , 115 N.C. 147 ; Fleming v. R. R. , 115 N.C. 676 . It appears that James A. … This brings us to item 6, the notes the administrator owed to his intestate, and to the consideration of the solvency of the administrator at the time he qualified as such.

Tyndall Ex Rel. Tyndall v. Harvey C. Hines Co.

226 N.C. 620 · Supreme Court of North Carolina · Oct 30, 1946

How can a witness clearly and concisely describe the rapidity of the forward motion of an object other than by stating the impression of its speed, in the terms of m.p.h., formed when he saw the object in motion? … So then any evidence tending to prove an unlawful rate of speed had a direct bearing on the cause of action plaintiff was seeking to establish.

State v. Steen

185 N.C. 768 · Supreme Court of North Carolina · Jun 8, 1923

qualify himself by saying, under oath, that he knows what such character is.” … “No principle of evidence is more clearly settled in North Carolina, nor by a longer line of decisions, than that a witness will not be allowed to testify as to character until he shall have first qualified himself by stating

Godwin v. . Bank

145 N.C. 320 · Supreme Court of North Carolina · Oct 30, 1907

Young on 4 June, 1904, and that subsequently he was duly adjudged a bankrupt, and that the plaintiffs are the duly chosen, qualified, and now acting trustees of said Young in bankruptcy, and that the defendant is a duly chartered … Stat. at Large, ch. 541, sec. 1, has been applied in various decisions rendered in administration of the law (8 *Page 237 Words and Phrases, 7066), and is so clearly the significance contemplated by the parties in the transaction

State v. Todd

313 N.C. 110 · Supreme Court of North Carolina · Feb 27, 1985

from enhancing punishment for habitual offenders as violations of constitutional strictures dealing with double jeopardy, ex post facto laws, cruel and unusual punishment, due process, equal protection, and privileges and immunities … The evidence clearly established that since 6 July 1967 defendant had been convicted of or pled guilty to three felony offenses, none of which were committed prior to defendant’s eighteenth birthday. N.C.G.S. § 14-7.1.

Perry v. . Comrs.

183 N.C. 388 · Supreme Court of North Carolina · Apr 26, 1922

In case a majority of the qualified voters at the election shall vote against the tax, the district shall not be enlarged." … Several propositions, it will be seen, were embodied in this election; but it appears that they were all clearly understood and fully comprehended by the voters throughout the entire township.

Clay v. Employment Security Commission

340 N.C. 83 · Supreme Court of North Carolina · Jun 2, 1995

Courts may apply a statute of limitation only to cases clearly within its provisions. Ocean Hill Joint Venture v. N.C. Dept. of E.H.N.R., 333 N.C. 318, 322 , 426 S.E.2d 274, 277 (1988); Fishing Pier v. … N.C.G.S. § 126-38, which establishes the time limit for appeals, applies only to employees, not to applicants for employment like petitioner.

McDonald v. . Morrow

119 N.C. 666 · Supreme Court of North Carolina · Sep 5, 1896

And while I would not consider it my duty to sustain every technical objection that might be made to the manner of executing this law, if I saw that substantial justice had been done and (668) a fair expression of the qualified … The eighth section establishes the Supreme Court as a court of appeals. It does not in terms prohibit it from exercising other jurisdiction.

State v. Wilson

Supreme Court of North Carolina · Oct 17, 2025

Here, notwithstanding the State’s description of readily apparent juror conduct the trial court had already observed firsthand, the trial court clearly ruled defendant failed to establish a prima facie case. … Corp., 311 N.C. 170, 175 (1984), i.e., mootness, and as the lead opinion below did not address whether the trial court clearly erred in determining defendant failed to establish a prima facie case, we reverse the decision