Case law

Tunstall v. . Cobb

109 N.C. 316 · Supreme Court of North Carolina · Sep 5, 1891

On the examination of the cashier of a bank, who had qualified as an expert, defendant's counsel proposed to ask him to look at the signature on the capias and that to the writing indorsed on the deed, which was in evidence … It is the province of the Legislature to determine whether it is best to alter or establish rules of evidence.

Caudle v. Swanson

248 N.C. 249 · Supreme Court of North Carolina · Apr 30, 1958

opinion testimony, when given by properly qualified witnesses. … Judge Murphy speaking for a unanimous court, after stating that remittitur has been established state practice for a long time, and after stating that even if Dimick v. Schiedt, 293 U.S. 474 , 79 L.

Cameron v. . Highway Com.

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

N.C. Dep't of Env't Quality v. N.C. Farm Bureau Fed'n, Inc.

Supreme Court of North Carolina · Oct 17, 2025

Enacted in 1973 and recodified as Chapter 150B effective 1 January 1986, the APA establishes “a uniform system of administrative rule making and adjudicatory procedures for agencies.” N.C. State Bd. of Educ. v. … Contrary to the majority, I do not believe statutes creating flexib[le]” “permitting” systems necessarily require the same agency conduct as statutes that clearly instruct an agency to promulgate rules governing a broader

Whitley v. Arenson

219 N.C. 121 · Supreme Court of North Carolina · Jan 31, 1941

The word “heirs,” in such a ease is not a word of purchase carrying title to the heirs, but a word of inheritance qualifying the estate of the grantee. Hunter v. Watson, 12 Cal., 363 , 73 Am. Dec., 543 . … It is therefore necessary to establish rules, and equally important that they be uniformly observed, so that those who are called upon to advise may safely give opinions on titles to real property. Campbell v.

Station Associates, Inc. v. Dare County

350 N.C. 367 · Supreme Court of North Carolina · May 7, 1999

“The law does not favor a construction of the language in a deed which will constitute a condition subsequent unless the intention of the parties to create such a restriction upon the title is clearly manifested.” … “Ordinarily a clause in a deed will not be construed as a condition subsequent, unless it contains language sufficient to qualify the estate conveyed and provides that in case of a breach the estate will be defeated, and

State v. Jones

337 N.C. 198 · Supreme Court of North Carolina · Jul 29, 1994

Defendant argues that Peele was not qualified to testify as an expert witness in this case. … Nevertheless, it is well established that in order to be both relevant and admissible such evidence must point directly to the guilt of some specific other person or persons. State v.

State v. Fletcher

322 N.C. 415 · Supreme Court of North Carolina · Jun 2, 1988

The defendant contends that in light of the child’s testimony that she had told a lie in the past and her uncertainty as to times and dates, the child should not have been qualified as a witness. … Clearly, the use of the dolls was not tendered pursuant to Rule 803(24), which allows certain hearsay testimony, because no hearsay was involved in the child’s testimony.

State v. Hamer

Supreme Court of North Carolina · Jun 11, 2021

Poindexter, 353 N.C. 440, 444, this Court held that a defendant’s conviction that rested upon “a guilty verdict by a jury composed of less than twelve qualified jurors” which resulted from the misconduct … at 186 (holding that “[i]t was prejudicial error for the trial court to proceed to trial without conducting the statutory inquiry in order to clearly establish whether the defendant voluntarily, knowingly and intelligently

Lichtenfels v. North Carolina National Bank

268 N.C. 467 · Supreme Court of North Carolina · Nov 23, 1966

Notwithstanding the length of the record, the parties, by stipulation, limited the inquiry to these questions: (1) Did the plaintiffs establish their right to surcharge the trustee with a breach of trust resulting in loss … She provided, however, that the Atlantic Bank and Trust Company, defendant’s predecessor, should succeed the brothers if they failed to qualify.

Styers v. Phillips

277 N.C. 460 · Supreme Court of North Carolina · Jan 20, 1971

In the absence of consent or waiver, this immunity against suit is absolute and unqualified." In the case of Great American Insurance Company v. … . * * *' The State is immune from suit unless and until it has expressly consented to be sued. It is for the General Assembly to determine when and under what circumstances the State may be sued."

State v. Saunders

317 N.C. 308 · Supreme Court of North Carolina · Jul 2, 1986

In considering defendant’s contentions, we must apply the established rule that upon a motion for dismissal the trial court must consider the evidence in the light most favorable to the State and the State is entitled to … Armstrong was clearly in a position to assist the jury in understanding the nature of the deceased’s wound and in determining whether defendant, in fact, acted in self-defense when he shot the deceased.

Vaughan v. Mashburn

371 N.C. 428 · Supreme Court of North Carolina · Aug 17, 2018

Surles, 281 N.C. 91, 98-99, 187 S.E.2d 697, 702 (1972)); see also id. at 72, 340 S.E.2d at 400 (“The burden is upon the opposing party to establish that that party would be prejudiced by the amendment.” … 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

In re 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

Kornegay v. City of Goldsboro

180 N.C. 441 · Supreme Court of North Carolina · Dec 1, 1920

The purpose is clearly expressed to prevent abuses in contracting debt by the municipalities, and the means by which such abuses are to be prevented are “by general laws.” … I, sec. 7, of the Constitution, which declares that “No man or set of men are entitled to exclusive or. separate emoluments, privileges, or immunities,” and Art.

City of Raleigh v. Jordan

218 N.C. 55 · Supreme Court of North Carolina · Jun 19, 1940

Moreover, it is not after the manner of our Assembly to grant immunities or special privileges to those who have neglected to pay their taxes. … “It is fully established that where a literal interpretation of the language of a statute will lead to absurd results, or contravene the manifest purpose of the Legislature, as otherwise expressed, the reaspn and purpose

State v. . Ray

166 N.C. 420 · Supreme Court of North Carolina · May 30, 1914

We do not know certainly whether the contention of the prisoner is that the instruction should not, in law, have been restricted or qualified by the use of those words, or whether the point is that there was no evidence that … The court had fully explained to the jury what the term “necessity” meant in the law of homicide — that it was either real or apparent necessity — and he impressed clearly upon the jury the view that if the prisoner slew

Paul v. Washington

134 N.C. 363 · Supreme Court of North Carolina · Mar 8, 1904

the members of the boards of aldermen of cities and towns, individually or personally; for municipal officers who enact ordinances under a claim of power from the legislative branch of the government are vested with the immunities … As we have said, we have our doubts about this matter, but as that part *377 of tbe ordinance is not clearly unreasonable, and remembering that the Board of Aldermen have full opportunity to judge of such a necessity, we

Abernathy v. Southern Railway Co.

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 tbe cases already cited and decided in this Court has been firmly established in other jurisdictions, and notably in B. B. v. Houston, 95 U.

Tate v. Standard Mirror Co.

165 N.C. 273 · Supreme Court of North Carolina · Apr 8, 1914

Both of these propositions were fully and clearly explained to the jury by the court, in the light of the evidence, considered in both of its phases, and as it bore upon the contentions of each party. … as to tbe tensile strength of tbe belt when laced or fastened together at its ends with books of tbe kind shown to tbe witnesses, and as to tbe effect upon tbe books and tbe belt if it pulls apart, was competent, as they,qualified