Case law

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.

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.

Alexander v. . Telegraph Co.

158 N.C. 474 · Supreme Court of North Carolina · Apr 3, 1912

There was a verdict for plaintiff establishing negligent failure to transmit message pursuant to contract, and awarding recovery of substantial damages by reason of mental anguish. … will clearly bring plaintiff's cause within the principle of our decisions where substantial damages by reason of mental anguish have been allowed.

In re L.L.

Supreme Court of North Carolina · Dec 13, 2024

At the adjudicatory phase, the Department of Social Services must show by “clear and convincing evidence” that a juvenile qualifies as “abused, neglected, or dependent” as defined by the Juvenile Code. … The General Assembly has clearly decided that relative placement is preferred.

Sisk v. Transylvania Community Hospital, Inc.

364 N.C. 172 · Supreme Court of North Carolina · Jun 17, 2010

Powdered Similac is not sterile and should not have been given to Slade who, as a neonate, had an immature and compromised immune system. … 210-11 , 540 S.E.2d 775, 780 (2000) (stating that section 84-4.2 expressly gives judges discretion summarily to revoke pro hac vice admissions previously allowed and that because the trial court’s “conclusion of law is clearly

United States Fidelity and Guaranty Co. v. Reagan

256 N.C. 1 · Supreme Court of North Carolina · Dec 13, 1961

Now there is little discussion in the cases as to the necessity of the existence of an insurable interest in the insured, but the question as to the nature and extent of the interest required in order to qualify as an insurable … Co., 341 Ill. 431 , 173 N.E. 479 , relied upon by defendant is clearly not in point.

State v. Miller

302 N.C. 572 · Supreme Court of North Carolina · Apr 7, 1981

Any discussion of these questions would necessarily be (1) a mere repetition of. .. well-established rules ... and (2) a wordy demonstration that the testimony challenged” was indeed admissible. … Harris was qualified as an expert forensic pathologist.

Stephenson v. Bartlett

593 S.E.2d 589 · Supreme Court of North Carolina · Apr 22, 2004

The Court of Appeals reversed the change of venue, and we affirmed, holding that a "statute may be applied retroactively only insofar as it does not impinge upon a right which is otherwise secured, established, and immune … The General Assembly has exercised its prerogative to establish similar procedures in other types of cases.

State v. . Haney

19 N.C. 390 · Supreme Court of North Carolina · Jun 5, 1837

the crime of stealing, which necessarily means the taking causa lucri, but qualify the new felony created by the statute, that of taking or conveying away by seduction, violence, or other means. … If the words “ to sell, dispose of to another, or appropriate to their own use,” are to be taken conjunctively, both these counts were clearly bad. But the count in question does not stop here.

Dare v. . Construction Company

152 N.C. 23 · Supreme Court of North Carolina · Feb 25, 1910

That case is in point with the one under consideration and clearly sets forth the true principle which the courts apply with respect to such a contract as is now under consideration. … The county cannot escape the consequences *Page 27 of any incompetency or neglect of duty on the part of said commissioners or committee, in the absence of fraud, even though it was clearly established that such incompetency

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 the true dividing line when otherwise clearly defined and established, the authorities cited fully justify this statement of the doctrine … which this exception was taken and quoted above, considered by itself, and without proper reference to the defendant's contention, and their finding as to it, was calculated to mislead the jury, as it was not then properly qualified

Abernathy v. . R. R.

164 N.C. 91 · Supreme Court of North Carolina · Dec 13, 1913

There may be circumstances where the otherwise absolute duty on the part of the track walker to look and listen and to keep constantly on the lookout for approaching trains may be qualified by circumstances, but they are … The doctrine of the cases already cited and decided in this Court has been firm established in other jurisdictions, and notably in R. R. v.

State v. Brown

306 N.C. 151 · Supreme Court of North Carolina · Jul 13, 1982

He contends that a “death qualified jury is more likely to convict than a jury which is not “death qualified.” … Indeed, the court clearly indicated that its order was to be “without prejudice” to the State.

State v. Ysut Mlo

335 N.C. 353 · Supreme Court of North Carolina · Jan 28, 1994

Defendant argues that the interpreter in this case was not qualified to serve as his agent, as she spoke Vietnamese and defendant’s principal language was Dega. … The pathologist clearly indicated that the victim’s wounds had been caused by a .22-caliber weapon.

State v. Carey

288 N.C. 254 · Supreme Court of North Carolina · Oct 7, 1975

show that, through study or experience, or both, he has acquired such skill that he is better qualified than the jury to form an opinion on the particular subject as to which he testifies.” … To establish the defendant’s guilt, the State proves the defendant’s participation in the conspiracy to rob.

State v. Boone

302 N.C. 561 · Supreme Court of North Carolina · Apr 7, 1981

It appears defendant’s witness was qualified to answer a proper hypothetical question. The problem in this case involves the improper form of that question. Contrast State v. … The jury clearly understood the elements required to find defendant guilty of armed robbery. See State v. Slade, 291 N.C. 275 , 229 S.E.2d 921 (1976).

Haywood v. Wright

152 N.C. 421 · Supreme Court of North Carolina · Apr 27, 1910

This rule is qualified, or rather a different principle prevails, when a mixed fund, under ^a general residuary clause eo nomine ■is given to one for life, remainder over. … Both of these positions are *432 established as rules of interpretation because they are supposed the better to carry out the will of the testator, and both yield when a different intent is apparent from the terms of the

Mitchell v. NORTH CAROLINA INDUS. DEVELOP. FIN. AU.

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 County, 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.

State v. Cummings

353 N.C. 281 · Supreme Court of North Carolina · Apr 6, 2001

Persons not qualified under this section are subject to challenge for cause. N.C.G.S. § 9-3 (1999). … Although the trial court did not state for the record the nature of its discussion with Kenny Locklear, the record clearly establishes that the trial court excused him based on his disqualification under N.C.G.S. § 9-3.

Wilson v. Taylor

154 N.C. 211 · Supreme Court of North Carolina · Feb 22, 1911

Act, tbe trustee qualifies by giving bis bond and having tbe same approved by tbe referee. … But in any view of the testimony, even *219 if construed most favorably for tbe defendant, sbe bad knowledge of facts and circumstances from wbicb tbe law clearly implied notice.