Case law

Britt v. Board of Canvassers

172 N.C. 797 · Supreme Court of North Carolina · Dec 22, 1916

Nor is the question before us as to who is entitled to the certificate of election and commission, which but establish the right to the office prima facie, ánd we can make no order in reference to the certificate *803 and … A defense is sufficient wbicb sets up that after the canvass another than the relator was declared elected, received the certificate of election, and qualified by taking the oath of office, notwithstanding a claim by the

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.

Smith v. Smith

265 N.C. 18 · Supreme Court of North Carolina · Jul 23, 1965

Rubie qualified as administratrix of Almon’s estate on 22 December 1961. … Only one of these essentials is clearly present in the instant case — rendition of judgment.

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).

Cohane v. Home Missioners of Am.

Supreme Court of North Carolina · Jan 31, 2025

Laws at 1232 (amending the scheme for the duty to report crimes against juveniles by granting “good-faith immunity” to a “person” who makes a qualifying report). … The provision clearly and unambiguously revives Mr.

State v. McDonald.

133 N.C. 680 · Supreme Court of North Carolina · Nov 3, 1903

We think, therefore, that the conversion of funds by a person who has been entrusted with *684 them becomes criminal as an embezzlement only by reason of this corrupt intent, and it is as necessary for the State to •establish … But to this qualifying term was appended a definition which unfairly enlarged its signification. A wrongful act is not necessarily felonious.

Sneed v. Greensboro City Board of Education

299 N.C. 609 · Supreme Court of North Carolina · Apr 1, 1980

The student fee schedule established by Greensboro City Board of Education is not substantially different from similar schedules established by many other local boards of education throughout the state. 1 The charges imposed … Other students who may in fact qualify for fee waiver or reduction may instead elect to forego certain educational opportunities, either because they feel inhibited by the possible publicity of their indigency or because

Jones v. Commissioners.

137 N.C. 579 · Supreme Court of North Carolina · Mar 28, 1905

We are seeking to arrive at the true meaning of the Legislature as expressed in this statute, by established and accepted canons of construction. … Such being its beneficent purpose, the Court should be slow to construe the terms of the act discretionary, unless such construction is clearly required.

Hammond v. . Eckerd's

220 N.C. 596 · Supreme Court of North Carolina · Jan 7, 1942

Young, Jr., is a duly qualified agent, servant and employee of defendant, and "at times . . . hereinafter complained of was the clerk in charge of the cigar and tobacco counter in the defendant's drug store, and was at said … It is an act clearly without the scope of the agency and cannot possibly be brought within the limits of implied authority of the agent." And in Willis v. R.

Chappell v. Dean

258 N.C. 412 · Supreme Court of North Carolina · Jan 11, 1963

Dean was the qualified and acting executor of Autry’s estate at the time of the accident. The estate had not been settled. Kenneth Wayne Dean is the son of N. K. Dean and is a member of the latter’s household. … The issues would more clearly present the crux of the case in respect to the liability, if any, of N. K.

North Carolina National Bank v. Virginia Carolina Builders

307 N.C. 563 · Supreme Court of North Carolina · Feb 8, 1983

decision on this point in no way impinges on the power of this Court or the Court of Appeals to change its ruling upon a motion to rehear, or on the court’s own motion, if the court determines that its former ruling was clearly … Because no motion to strike the answer has been made, the question whether a pleading filed by an out-of-state attorney who had not qualified under G.S. 84-4.1 may be stricken for that reason is not before us and we do not

Moore v. Crumpton

306 N.C. 618 · Supreme Court of North Carolina · Oct 5, 1982

The forecasts of evidence of the parties established that John Crumpton, Jr. was one of five children of John and Carol Crumpton. … Clearly, the parents were well aware of his problems and sought expensive professional help and private schooling for him.

Parish v. East Coast Cedar Co.

133 N.C. 478 · Supreme Court of North Carolina · Nov 24, 1903

The meaning is that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. … It would tend directly to establish the union of all powers in the Legislature. There would be no general permanent law for courts to administer or for men to live under.

State v. Lowry

263 N.C. 536 · Supreme Court of North Carolina · Jan 29, 1965

This was enough to cast the burden on the State to go forward with the evidence and show facts with respect to the management of the jury system sufficient to clearly overcome defendants’ prima facie showing. … Ct. 83 , establishes as a matter of law that there is no systematic exclusion of Negroes from grand juries in Union County. This proposition is, of course, untenable.

Nelson v. Freeland

349 N.C. 615 · Supreme Court of North Carolina · Dec 31, 1998

actionable conduct. *631 Significantly, the fact that judges and justices cannot agree as to whether a landowner’s conduct is actionable — as evidenced by dissents in prior cases — evidences that the trichotomy fails to clearly … Lastly, we note that we are well aware of the principle of stare decisis and the important role it plays in maintaining a stable, established, and predictable set of laws.

State v. Bennett

Supreme Court of North Carolina · Jun 5, 2020

Our precedent clearly holds that a subjective impression of a prospective juror’s race by one or more court officials is insufficient to establish a record adequate for appellate review. … Though the evidentiary bar for a defendant to establish a prima facie showing of discrimination is not high, this new first step clearly is inadequate under our existing case law.

Pendergrast v. Aiken

293 N.C. 201 · Supreme Court of North Carolina · Aug 23, 1977

Sanford, supra, that “[a]s water must flow, and some rule in regard to it must be established where land is held under the artificial titles created by human law, there can clearly be no other rule at once so equitable and … This policy was stated clearly and succinctly by Chief Justice Faircloth in Mizzell v.

State v. Dunn

134 N.C. 663 · Supreme Court of North Carolina · Mar 16, 1904

The law upon the subject is clearly stated in Gorman v. Russell, 14 Cal., 531 . … We think there was also error in tbe instruction that tbe adjectives “benevolent” and “religious” do not qualify tbe words “society and congregation.”

Midrex Technologies, Inc. v. N.C. Department of Revenue

369 N.C. 250 · Supreme Court of North Carolina · Dec 21, 2016

. § 105-130.4(a)(4) to the facts established by the present record. … a contrary conclusion, the trial court began by attempting to determine the plain meaning of “building or construction contractor” for purposes of N.C.G.S. § 105-130.4(a)(4) and reasoning that “only if Midrex’s work qualifies

Coggins Ex Rel. Coggins v. Board of Education

223 N.C. 763 · Supreme Court of North Carolina · Jan 12, 1944

The establishment and operation of the public school system is under the control of the legislative branch of the government, subject only to pertinent constitutional provisions as to uniformity, sec. 2, Art. … In doing so, however, it will be kept in mind that tbe local board is tbe final authority so long as it acts in good faith and refrains from adopting regulations which are clearly arbitrary or unreasonable.