Case law

State v. Pallet

283 N.C. 705 · Supreme Court of North Carolina · Aug 31, 1973

“No indictment, whether at common law or under a statute, can be good if it does not accurately and clearly allege all of the constituent elements of the crime sought to be charged. … The participating parties are authorized to appoint a regional air pollution control board which shall consist of at least five members who shall serve for terms of six years and until their successors are appointed and qualified

State v. Cofield

320 N.C. 297 · Supreme Court of North Carolina · Jul 7, 1987

Defendant’s evidence tended to establish an alibi. … Foddrell, 291 N.C. 546, 554 , 231 S.E. 2d 618, 624 (1977): To establish a prima facie case of systematic racial exclusion, “defendants are generally required to produce not only statistical evidence establishing that blacks

In re Foreclosure of George

Supreme Court of North Carolina · Apr 16, 2021

¶ 25 Although this Court has clearly held that “mere inadequacy of the purchase price realized at a foreclosure sale, standing alone, is not sufficient to upset a sale, . . . … As we understand the record, the testimony before the trial court clearly suggests that a grossly inadequate price had been paid for the property at the hearing and that KPC Holdings and National Indemnity

State v. Mercer

Supreme Court of North Carolina · Feb 28, 2020

Sanders, 280 N.C. 81, 85, 185 S.E.2d 158, 161 (1971) (“When defendant relies upon some independent, distinct, substantive matter of exemption, immunity or defense, beyond the essentials of the legal definition of the offense … while the majority states that this affirmative defense is now available “in narrow and extraordinary circumstances,” in my view defendant here did not present evidence of circumstances at trial which were sufficient to qualify

McCoy v. . Wood

70 N.C. 126 · Supreme Court of North Carolina · Jan 5, 1874

It was charged to defendant, and evidence by Hathaway to establish it was incompetent. … The acts in existence at the date of the agreement between Miller and Wood (January, 1872,) were the acts of 1869-70, Ch. 206, and of 1866-67, Ch. 1, as qualified by that act.

State v. Warren

211 N.C. 75 · Supreme Court of North Carolina · Jan 6, 1937

R., 1329, the reasons therefor are clearly stated, as follows: “The intrinsic nature of the business combines with practice and tradition to attest the need of regulation. … Statutes, held by this Court to be valid, have been enacted in North Carolina, requiring license fees and establishing regulations and governing boards with respect to many professions, businesses, and callings; physicians

Sherrill v. Western Union Telegraph Co.

117 N.C. 352 · Supreme Court of North Carolina · Sep 15, 1895

It was clearly an omission of duty to seek no explanation of what seemed unnatural conduct, if the message had been *360 delivered to the proper person. … The testimony that he has had opportunity to form, and has formed the opinion, establishes ipso facto his competency to state it to the jury.

Pinnix v. Griffin

219 N.C. 35 · Supreme Court of North Carolina · Jan 8, 1941

Ed., 406 ; and which do not characterize or qualify an act presently done within the scope of the agency, Nance v. R. R., 189 N. C., 638 , 127 S. … They clearly come under the hearsay rule. To sustain the conclusion that these declarations were admissible the *41 majority opinion cites Smith v. Miller, 209 N. C., 170 , 183 S. E., 370 .

Marshall v. Interstate Telephone & Telegraph Co.

181 N.C. 292 · Supreme Court of North Carolina · Apr 27, 1921

And on pertinent facts coming under their personal observation, witnesses who are not in strictness scientific experts may give an opinion relevant to the issue when they are shown to be qualified by training and experience … In my opinion, as stated, tbe testimony was clearly competent, and if otherwise, it should be disregarded as not amounting to reversible error. ClaeK, O. J., concurs with HoKE, J.

Matter of Estate of Trogdon

330 N.C. 143 · Supreme Court of North Carolina · Nov 7, 1991

Bradley Floyd Trogdon, his son, qualified as administrator of his estate on 29 September 1988. … The evidence in this case clearly supports an inference of adultery as found by the trial court.

Harkins v. Cathey

119 N.C. 649 · Supreme Court of North Carolina · Sep 15, 1896

If, then, it be conceded that the registrars who had qualified and entered upon the discharge of their duties on the 5th of October were incumbent officers on the 24th of October, and had a property in the offices, it seems … The law points out clearly how the boards of County Commissioners shall proceed in inducting a Sheriff into office.

State v. Sanders

295 N.C. 361 · Supreme Court of North Carolina · Jul 14, 1978

Arizona, supra, could not, without more, serve to establish that an inculpatory statement made by him following the warnings was sufficiently an act of free will under Wong Sun v. … When the uncontradicted evidence clearly tends to establish that the statement was not subject to suppression, the necessary findings are implied from the admission of the statement into evidence. State v.

Hawthorne v. Realty Syndicate, Inc.

300 N.C. 660 · Supreme Court of North Carolina · Jul 15, 1980

These principles are well established in the common law of this and many other states. See Sedberry v. Parsons, 232 N.C. 707 , 62 S.E. 2d 88 (1950); Homes Co. v. … Our case law has followed the general rule that a restrictive covenant limiting the use of property to residential purposes does not, in the absence of further qualifying language, prohibit the erection of apartments.

State v. Pakulski

319 N.C. 562 · Supreme Court of North Carolina · Jun 2, 1987

The State’s case hinged on the eyewitness testimony of David Chambers, an accomplice of defendants who testified in return for a grant of immunity. … The State’s evidence established that defendants ransacked Dr. Abbate’s office. When Setzer entered as part of his rounds as a security guard, defendants attacked him, took his gun, and pinned him to the floor.

Long v. City of Charlotte

306 N.C. 187 · Supreme Court of North Carolina · Jul 13, 1982

While in some cases the facts proven may also establish a trespass or a nuisance, such is not required and is not relevant. … The balance of interests is established by the requirement that in order to recover for the interference with one’s property, the owner must establish not merely an occasional trespass or nuisance, but an interference substantial

Hassell v. Onslow County Board of Education

362 N.C. 299 · Supreme Court of North Carolina · Jun 12, 2008

The applicable standard of appellate review in workers’ compensation cases is well established. … Plaintiff has the burden of proving that her claim is compensable under the Workers’ Compensation Act and specifically here, that her claim qualifies as an occupational disease. E.g., Henry v. A.C.

King Ex Rel. Harvey-Barrow v. Beaufort County Board of Education

364 N.C. 368 · Supreme Court of North Carolina · Oct 8, 2010

In so doing, we noted that “the local board is the final authority so long as it acts in good faith and refrains from adopting regulations which are clearly arbitrary or unreasonable.” Id. at 769 , 28 S.E.2d at 531 . … But Leandro does not immunize students from the consequences of their own misconduct.

N.C. Farm Bureau Mut. Ins. Co. v. Herring

Supreme Court of North Carolina · Dec 15, 2023

Her testimony establishes that she did not stay with her mother for extended stretches. … In order to qualify for coverage pursuant to her mother and stepfather’s policy, Ms.

Allen v. Town of Reidsville

178 N.C. 513 · Supreme Court of North Carolina · Nov 26, 1919

This is not only according to the well established rules that the whole of the Code must be construed together, and that the law does not permit repeals by implication, but it is in accordance with the well known conditions … So elementary and necessary a truth could not be more clearly expressed.

John Den on Dem. Rogers v. Mabe

15 N.C. 180 · Supreme Court of North Carolina · Dec 5, 1833

The evidence certainly tend-ed to establish the'fact. … It is well established in England. In this country it is not so familia?, and especially in this State.