Case law

State Ex Rel. Utilities Commission v. Fleming

235 N.C. 660 · Supreme Court of North Carolina · Jun 11, 1952

Clearly this definition includes charter service, unless such service is excluded by the remaining provisions in the section or by other provisions in the Act. … commerce for compensation, at the time of and prior to the passage of the Act, and that he had continued to render such service since its passage; that he had the necessary equipment; was financially responsible and otherwise qualified

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.

J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.

160 N.C. 215 · Supreme Court of North Carolina · Nov 20, 1912

The author, Judge McClain, of the Supreme Court of Iowa, comments on the New York cases in the note, and says: "Even the courts of New York regard the rule as so anomalous that they qualify it by the further rule, that a … Adams Express Co. , 114 Pa., 523 , 60 Am. 360, refused to follow the rule established by said case of Hart v. R.

Davis v. Wilson

265 N.C. 139 · Supreme Court of North Carolina · Jul 23, 1965

In our opinion the facts clearly established the responsibility of the hospital for the acts of its technician. That responsibility is unaffected even though, agreeably to the requirements of 2 D. C. … All the evidence in this case clearly and plainly shows that Frances W.

Higdon v. . Rice

119 N.C. 623 · Supreme Court of North Carolina · Sep 5, 1896

It seems to have been conceded that, subject to some not very clearly defined restrictions, it is a rule of law that deeds and patents shall be so run as to include the land actually shown to have been surveyed with a view … Of course this syllabus, taken from the opinion, was qualified by the previous proposition that the proof must tend to show where the location *Page 392 "really was made originally."

Cowan v. Dale

189 N.C. 684 · Supreme Court of North Carolina · May 20, 1925

Dale, tbe deputy clerk wbo probated tbe chattel mortgage, was one of tbe grantees therein and by reason of'his interest was not qualified to exercise this particular judicial function. … Tbe law was designed to give notice to persons so situated; but if it was clearly established in proof that a subsequent mortgagee bad notice of a prior mortgage, although not registered, in equity be was bound by it, although

Swanson v. State

335 N.C. 674 · Supreme Court of North Carolina · Mar 4, 1994

The petitioner, a wholesale distributor of alcoholic beverages whose products did not qualify for the rate reduction, followed the statutory procedure for repayment or refund of taxes by paying the applicable taxes each month … Instead, it relied on well-established tests enunciated in McKesson and earlier cases.

In Re Willis

288 N.C. 1 · Supreme Court of North Carolina · Jun 26, 1975

The few reported cases in which bar admission has been denied on character grounds in New York all appear to have involved instances of misconduct clearly inconsistent with the standards of a lawyer’s calling.” 401 U.S. at … It is well established that the constitutional power to establish the qualifications for admission to the Bar of this State rests in the Legislature.

Mitchell v. North Carolina Industrial Development Financing Authority

273 N.C. 137 · Supreme Court of North Carolina · Mar 6, 1968

“From the foregoing authorities we conclude it is clearly established in this jurisdiction that the relief of unemployment is a public purpose that would justify the outlay of public funds.” … Moore Co., 267 N.C. 665 , 149 S.E. 2d 1 : “It is also well established that this Court will not adjudge an act of the General Assembly unconstitutional unless it is clearly so. Kornegay v.

Williams v. Burlington Industries, Inc.

318 N.C. 441 · Supreme Court of North Carolina · Nov 4, 1986

. § 96-14(2) and accordingly did not qualify for benefits. Petitioner then appealed to the Commission. After reviewing the evidence, Deputy Commissioner V. … This contention is clearly incorrect.

Simms v. MASON'S STORES, INC.(NC-1)

285 N.C. 145 · Supreme Court of North Carolina · Apr 10, 1974

Under no aspect of the law did Wallin qualify as a process agent for defendant. The Court of Appeals correctly answered the first question NO. … In the absence of anything which clearly indicates a contrary intent, the legislature is presumed to have used the statutory term under consideration in its judicially established meaning. Brown v.

State v. Anderson

322 N.C. 22 · Supreme Court of North Carolina · Apr 6, 1988

Certain principles governing the admission of expert testimony in obscenity cases are well established. … The defendant next contends that the trial court erred by overruling her objection to the argument of one of the prosecutors that: I contend to you that it is obviously obscene, clearly obscene and patently offensive.

North Carolina State Bar v. Talford

356 N.C. 626 · Supreme Court of North Carolina · Feb 28, 2003

Thus, the DHC’s initial task is to determine whether an attorney’s acts (or omissions) qualify as misconduct as defined by the statute. … The holding in Palmer established the evidentiary standard as “clear and convincing.”

Buffalow v. Buffalow

22 N.C. 241 · Supreme Court of North Carolina · Jun 15, 1839

There is no evidence to those points; and we can hardly imagine any sufficient to establish them. … The evidence clearly proves, that Steele Buffalow, though not non com,pos, was always of weak mind, and that it was much impaired.

In Re the Appeal of AMP Inc.

287 N.C. 547 · Supreme Court of North Carolina · Jun 26, 1975

Even the witness Price seems to concede this point when he qualifies his statement by the phrase “generally speaking.” … Simple logic establishes, therefore, that “book value,” as defined by AMP, cannot be higher than market value.

State v. . Dalton

206 N.C. 507 · Supreme Court of North Carolina · May 2, 1934

The trial proceeds in the presence and under the supervision of a judge authorized to instruct the jury in matters of law; and the word “convicted” as used in section 13 of the Declaration of Rights is qualified by the phrase … He had the benefit of all the testimony adduced in his behalf tending to establish the defense of insanity.

McAlister v. American Railway Express Co.

179 N.C. 556 · Supreme Court of North Carolina · May 19, 1920

The distinction between a merger and a sale is clearly shown in Atlanta, etc., Railroad Company v. A. C. L. … Co., 98 Wis., 344 , where it was held: In an action against a railroad company a complaint alleging that defendant “purchased and had assigned to itself the railroad, franchises, immunities, stocks, bonds, and all property

Truelove v. . Parker

191 N.C. 430 · Supreme Court of North Carolina · Mar 24, 1926

Weathers, to the end that the relations of parent and child be established for life between the said J. A. … That its wisdom is apparent is clearly expressed in these words: "Under them (adoption laws) innocent, parentless and abandoned children are withdrawn from the charity of public institutions and provided with comfortable

Pratt v. Bishop

257 N.C. 486 · Supreme Court of North Carolina · Jul 10, 1962

Rule 21 requires an appellant to state briefly and clearly his exceptions. … It certainly qualified for inclusion in Wigmore’s list of similar conduct.

State v. Silvers

323 N.C. 646 · Supreme Court of North Carolina · Jan 4, 1989

The District Attorney objected: Objection, there’s medical experts that cannot [qualify] to answer that question. Mrs. … Here defendant’s witnesses were both asked proper questions after sufficient foundation had been established.