Case law

State v. Perry

250 N.C. 119 · Supreme Court of North Carolina · Apr 29, 1959

Whether the defendant can establish the alleged racial discrimination or not, due process of law demands that he have his day in court on this matter, and such day he does not have unless he has a reasonable opportunity and … The defendant’s evidence clearly -shows that for at least eight years prior to November 1958 one or two negroes have served on -practically every jury panel at terms -of Un-ion County Superior Court, and from these panels

Overnite Transportation Co. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

257 N.C. 18 · Supreme Court of North Carolina · May 2, 1962

The evidence offered at the trial sufficiently established a principal-agency relationship between International and its local unions in fomenting the strike in order to force plaintiff, an unorganized freight carrier, to … Simmons to be an expert inffche field of cost analyses, the court does not mean by that, that you are bound by his testimony, nor should you give it any more credit than you would any other witness that appeared to be qualified

Newman v. Watkins

208 N.C. 675 · Supreme Court of North Carolina · Nov 1, 1935

to such board signed by a majority of the qualified voters of McNeill’s Township in Moore County; and shall likewise establish and maintain a store for the sale of liquor under the provisions of this act in Pinehurst, in … Moore County, when a petition requesting such establishment shall be presented to such board signed by a majority of the qualified voters of Mineral Springs Township in Moore County.

Wooten v. Grand United Order of Odd Fellows

176 N.C. 52 · Supreme Court of North Carolina · Sep 11, 1918

The marriage having brought the wife into the designated class, which qualified her to be a beneficiary, and the object of the change being a meritorious one, equity will consider that as done which ought to have been done … We might add many other cases to this list which establish beyond question the same doctrine, for there are such, but those cited will suffice to show how well settled the principle is by the decisions of the courts.

Taborn v. Hammonds

324 N.C. 546 · Supreme Court of North Carolina · Jun 27, 1989

I also determined that a qualified and experienced teacher was available to transfer into the position which you were teaching. … The exclusion of reduction-in-force decisions from review by the Professional Review Committee clearly was a deliberate legislative act.

State v. Hobbs

Supreme Court of North Carolina · Apr 6, 2023

In this case, applying the well-established standard of review, we must determine whether the trial court clearly erred in concluding there was no violation of Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712 (1986). … In reviewing the trial court’s order, we apply the well-established standard of review which affords “great deference” to the trial court’s determination unless it is clearly erroneous. Id.

State v. Call

349 N.C. 382 · Supreme Court of North Carolina · Dec 31, 1998

However, both statements still tended to establish defendant’s guilt. … The transcript and the record clearly demonstrate that the victim was Macedonio Hernandez Gervacio.

State v. Rouse

339 N.C. 59 · Supreme Court of North Carolina · Dec 30, 1994

This is clearly enough evidence to establish that the murder was especially heinous, atrocious or cruel. See State v. Brown, 315 N.C. 40, 66-67 , 337 S.E.2d 808, 827 (1985), cert. denied, 476 U.S. 1185 , 90 L. … We find, however, that those jurors clearly expressed that they could not impose the death penalty.

Taylor v. Meadows

175 N.C. 373 · Supreme Court of North Carolina · Apr 10, 1918

And, while such recognition and acquiescence may not, as a rule, justify a departure from tbe true dividing line when otherwise clearly defined and established, tbe authorities cited fully justify this statement of tbe doctrine … which tbis exception was taken and quoted above, considered by itself, and without-proper reference to tbe defendant’s contention, and tbeir finding as to-it, was calculated to mislead tbe jury, as it was not tben properly qualified

State v. Camacho

329 N.C. 589 · Supreme Court of North Carolina · Aug 14, 1991

Such orders unnecessarily disrupt the system established by our Constitution. … Furthermore, the government has a legitimate interest in attracting qualified lawyers to its service. Id. (citations omitted).

Biddle v. . Hoyt

54 N.C. 160 · Supreme Court of North Carolina · Jun 5, 1854

Elizabeth Simpson died in 1804, having made and published her last will and testament, which was duly admitted to probate and recorded, and James Easton and Joseph Brickell were appointed executors and were duly qualified … The rule of construction thus clearly enunciated is so applicable to the case before us, where the division is directed to be made among the children of Joseph and Sarah Brickell upon their deaths , that we can have no hesitation

Gupton v. Builders Transport

320 N.C. 38 · Supreme Court of North Carolina · Jul 7, 1987

The holding in Whitley is limited to claims of permanent total disability and is clearly distinguishable from the present case, in which it is undisputed that the claimant is presently employed. … Hospital, 269 N.C. 1 , 152 S.E. 2d 485 (1967) (decision abolishing charitable immunity applied prospectively because of justified reliance on prior case law); Wilkinson v.

Bryant v. . Shields

220 N.C. 628 · Supreme Court of North Carolina · Jan 7, 1942

S., 200, 431); to lessen, enlarge, explain, or qualify the estate granted in the premises ( Seawell v. Hall, supra ); but not to contradict or be repugnant to the estate granted therein ( Bryan v. … Eason , 147 N.C. 284 , 61 S.E. 71 ), though the habendum clause may control if it clearly appears the grantor so intended. Seawell v. Hall, supra; 84 A.L.R., 1050 .

SALEM REALTY COMPANY v. Batson

256 N.C. 298 · Supreme Court of North Carolina · Feb 2, 1962

Clearly, it was contemplated that Batson’s work was to be performed in accord with the City’s requirements. … It may be that Berrier or Pettit or other qualified inspectors could have discovered all or certain of such defects if they had been called upon to make such inspection immediately after Batson had completed his work and

Ford v. . McBrayer

171 N.C. 420 · Supreme Court of North Carolina · May 3, 1916

The rule in Shelley’s case is well established as a rule of property in this State. It is much older than the case which has given it a name, which was decided in the reign of Queen Elizabeth. … Whartenby, supra), and may be applied to those who take by purchase, hold that it must clearly appear that it was the intention to use the term as one of limitation to denote a succession of lineal descendants who are to

State v. Miller

339 N.C. 663 · Supreme Court of North Carolina · Mar 3, 1995

This created, according to defendant, a jury with a large number of death-qualified jurors and few life-qualified jurors. … Here both Hailey and Murray clearly expressed several times that they could not vote for the death penalty under any circumstances.

In Re Brownlee

301 N.C. 532 · Supreme Court of North Carolina · Jan 6, 1981

Our present system does not achieve this goal. * * * *551 We must establish a continuity of care that begins when the child is arrested and continues through and beyond his incarceration until all reasonable steps have been … Clearly, that alternative ought to be employed only when there is no reasonable alternative open to the court in its disposition of the matter.

Seward v. . R. R.

159 N.C. 241 · Supreme Court of North Carolina · May 22, 1912

Malice , or *Page 201 want of good faith , is established when it is shown that the matter published was false within the knowledge of the publisher; or malice may be established by showing a bad motive in making the publication … "Malice or want of good faith is established when it is shown that the matter published was false within the knowledge of the publisher; or malice may be established by showing a bad motive in making the publication, as that

Chinnis v. . Cobb

210 N.C. 104 · Supreme Court of North Carolina · May 20, 1936

title must be vested in a trustee; (2) the gift to the beneficiary must be only of income, and he must take no estate, have no power of alienation, no right to possession, no beneficial interest in the property save the qualified … The distinction between an active and passive trust is clearly pointed out in Patrick v. Beatty, supra. In Fowler v. Webster, 173 N.

State v. Riddick

315 N.C. 749 · Supreme Court of North Carolina · Feb 18, 1986

The defendant also contends the trial court erred by admitting irrelevant testimony and by allowing a witness not qualified as an expert to give opinion *752 testimony. … Cauley clearly suggests that, at the very least, fire can be a deadly weapon according to its manner of use. See State v. Price, 265 N.C. 703 , 144 S.E. 2d 865 (1965).