Case law

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

Brisson v. Kathy A. Santoriello, M.D., P.A.

351 N.C. 589 · Supreme Court of North Carolina · May 5, 2000

Although Rule 9(j) clearly requires a complainant of a medical malpractice action to attach to the complaint specific verifications regarding an expert witness, the rule does not expressly preclude such complainant's right … Rule 702(e) of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care, and the motion is filed with the complaint; or (3) The pleading alleges facts establishing

Weaver v. Swedish Imports Maintenance, Inc.

319 N.C. 243 · Supreme Court of North Carolina · Apr 7, 1987

Finding of fact number 9 was clearly supported by competent evidence. Mr. Weaver’s present physician, Dr. … The holdings in the much debated Morrison and Hansel cases were clearly explained in Rutledge v. Tultex, 308 N.C. 85 , 301 S.E. 2d 359 (1983).

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.

State v. Weeks

322 N.C. 152 · Supreme Court of North Carolina · May 5, 1988

It established that defendant was the son of Jerry Weeks and the stepson of Peggy Price Weeks. … A review of the record clearly shows that defendant’s argument is without merit.

Whitesides v. . Cooper

115 N.C. 570 · Supreme Court of North Carolina · Sep 5, 1894

The words we have italicized very clearly do not divest, by way of condition or otherwise, any estate previously limited, but are manifestly used as a part of the description of the persons who are to take; and these persons … Hopkins, 1 Atk., 590, that “if there were so many contingent limitations of a trust, it is an established rule that it is sufficient to bring the trustees before the Court, together with him in whom the first remainder of

McNair Ex Rel. McNair v. Goodwin

262 N.C. 1 · Supreme Court of North Carolina · May 20, 1964

Clinton Forte died as a result of injuries received in the collision and Joseph Forte qualified as administrator of his estate. … Appellant states in his brief that “under the facts in the case now before the Court, it has been pretty well established that the estate of Clinton Forte (additional defendant and payor-releasee) could not join Marion Cole

Morrison v. Burlington Industries

301 N.C. 226 · Supreme Court of North Carolina · Oct 23, 1980

the occupational disease suffered by plaintiff and due to her other physical infirmities, including bronchitis, phlebitis, varicose veins and diabetes, plaintiff has no earning capacity in any employment for which she can qualify … This Court does not abandon the well-established rules in this jurisdiction that the Industrial Commission has the exclusive duty and authority to find the facts relative to disputed claims and such findings are conclusive

State v. Smith

300 N.C. 71 · Supreme Court of North Carolina · May 6, 1980

The threshold test of fair and accurate representation was clearly and properly met. … Clearly the record was hearsay. See generally, 1 Stansbury’s North Carolina Evidence §§ 138-139 (Brandis Rev. 1973).

Turlington v. McLeod

323 N.C. 591 · Supreme Court of North Carolina · Dec 8, 1988

Although the exact distance is not clearly established by the transcript or record, it evidently is less than 100 feet from the petitioner’s property to 2009 across Rosa McLeod’s property. … Those *598 provisions clearly encompass the small landowner, the small harvester of crops and the small timber cutter.

State v. Bates

348 N.C. 29 · Supreme Court of North Carolina · Apr 3, 1998

The State asserts that its work product is not subject to disclosure pursuant to N.C.G.S. § 15A-1415(f) because the General Assembly, by including the phrase “to the extent allowed by law,” meant to retain the established … This Court, even if persuaded by the State’s concerns, may not substitute its judgment for that of the General Assembly and craft a work-product exception into this statute where the Legislative Branch has clearly mandated

Hubbard v. Wiggins

240 N.C. 197 · Supreme Court of North Carolina · May 5, 1954

However, the mere fact that she failed in her attempt to establish this trust, and also failed to make effective provisions for the establishment of the flower fund, does not prevent the consideration of these attempts on … We think it clearly indicates that she did not intend to bequeath the $6,000.00 in bonds to J. Samuel Hubbard.

State v. Kirkley

308 N.C. 196 · Supreme Court of North Carolina · May 3, 1983

In other words, the defendant wants this Court to establish a separate intoxication standard for persons suffering from mental disorders. We refuse to establish such a standard. … I think they clearly do.

Painter v. Wake County Board of Education

288 N.C. 165 · Supreme Court of North Carolina · Aug 27, 1975

Yancey homeplace as the site for the establishment of a comprehensive high school is valid.” … The General Assembly has clearly stated the policy of the State with reference to the power of a county board of education. G.S. 115-27 provides in part: “ . . .

Lunceford v. Commercial Travelers Mutual Accident Ass'n of America

190 N.C. 314 · Supreme Court of North Carolina · Oct 21, 1925

In case any such company offers to do business with one within such protection, it holds itself out as having qualified to do such business, and the resident, in the absence of knowledge, actual or constructive, to the contrary … (later Chief Justice), said: “Authoritative cases on the subject are to the effect, further, that when a State by its statutes has established and provided a method of personal service of process on foreign corporations doing

Harris v. Miller

335 N.C. 379 · Supreme Court of North Carolina · Jan 28, 1994

We have established that the first of these — insufficient evidence of a master-servant relationship — was erroneous. … Thus, it was well established that Dr. Miller had the duty of supervising Nurse Hawkes in the medical crisis.

DeArmon v. B. Mears Corp.

312 N.C. 749 · Supreme Court of North Carolina · Jan 30, 1985

Believing that the findings were clearly insufficient, we reverse the Court of Appeals and remand the matter to the trial court for further proceedings consistent with this opinion. … Qualified Personnel, Inc., 294 N.C. 200 , 240 S.E. 2d 338 (1978); Golden v. Golden, 43 N.C. App. 393 , 258 S.E. 2d 809 (1979). The Court of Appeals, however, proceeded to consider this issue.

State v. Fullwood

323 N.C. 371 · Supreme Court of North Carolina · Nov 3, 1988

He argues that of the jurors qualified to serve under the death qualification standard of Witherspoon v. … The privilege thus “is not absolute; it is qualified by the statute itself.” Capps v. Lynch, 253 N.C. 18, 22 , 116 S.E. 2d 137, 141 (1960).

Cameron v. State Highway Commission

188 N.C. 84 · Supreme Court of North Carolina · Jun 21, 1924

The State was to lay out, take over, establish, construct, and assume control of certain highways, to make a hard surface for them as rapidly as possible, and to maintain the entire system, the maximum mileage of which was … One of the functions of a proviso is.to qualify or restrain some preceding matter, or to exclude some possible ground of misinterpretation of it as extending to cases which the Legislature did not intend to bring within its

Guilford Lumber Manufacturing Co. v. Johnson

177 N.C. 44 · Supreme Court of North Carolina · Jan 3, 1919

They are, too, classed and regulated under our General Insurance Laws, ch. 100; Revisal, sub. div. 14, sec. 4805, and in our opinion comes clearly within the terms -and purpose of section 4809 of the statute which makes, … same liable in this respect, receiving for the company an additional fee by reason of this increase of liability; that the certificate of authority filed with the owner by the agent showed that he was a duly elected and qualified