Case law

Lumber Co. v. . Johnson

177 N.C. 45 · 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 provision … 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

Union Carbide Corp. v. Offerman

351 N.C. 310 · Supreme Court of North Carolina · Feb 4, 2000

This plan is a qualified plan under the applicable Internal Revenue Code provisions. See 26 U.S.C. § 401 (a) (1982 & Supp.1985). … The dissent stated the income from the reverted funds was business income under the functional test because: (1) the goal of attracting and retaining qualified employees is clearly integral to the successful operation of

NC Dept. of Correction v. NC MEDICAL BD.

675 S.E.2d 641 · Supreme Court of North Carolina · May 1, 2009

In creating those tasks in 1909, the legislature clearly intended that a physician attend and provide professional medical assessment, assistance and oversight in every judicial execution compelled by law upon inmates convicted … Wright, 468 U.S. 737, 751 , 104 S.Ct. 3315 , 82 L.Ed.2d 556, 569 (1984) (holding that, to establish standing, "[a] plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely

Chesson v. . Chesson

43 N.C. 141 · Supreme Court of North Carolina · Dec 5, 1851

The executrix, soon after qualifying, made a sale of some parts of the perishable property, but she made no inventory, nor account of sales, and it cannot in any manner be ascertained, what was sold or to what amount — she … establish the particulars of the *149 estate received or disbursed by her.

Pedrick v. Railroad

143 N.C. 485 · Supreme Court of North Carolina · Dec 22, 1906

the plaintiff to sue at law for damages, and, if necessary, upon a verdict establishing the nuisance, apply for equitable relief. … They receive no license or immunity by the refusal of this Court to interfere with them on this application.” There is another view; of the case pressed upon our attention.

State v. Branch

288 N.C. 514 · Supreme Court of North Carolina · Dec 17, 1975

Ward, who was duly qualified as a custodian of these business records, testified as to his recollection of the information recited in Groups (1) through (5), it was harmless error beyond a reasonable doubt. State v. … These conversations were clearly in furtherance of the plan to kill Branch. Wheal-ton’s testimony as to Mrs.

Bowser v. Wescott

145 N.C. 56 · Supreme Court of North Carolina · Sep 17, 1907

The protestants have, therefore, failed to show themselves qualified to contest the right of the defendant under his entry. … *66 Clearly upon tbe defendant.” And again: “This is but an instance of the familiar rule that the affirmative must be proved.”

Long v. . Watts

183 N.C. 99 · Supreme Court of North Carolina · Mar 8, 1922

The plaintiff in this action is now and has been for a number of years the duly elected, qualified, and acting judge of the Superior Court for the Fifteenth Judicial District of North Carolina. … No. (111) The Constitution clearly and plainly provides otherwise.

Lee v. Oates

171 N.C. 717 · Supreme Court of North Carolina · May 24, 1916

Armstrong, 4 Myl. and Cr., 377, 393, 394, 405: 'The power (to prohibit anticipation) could only have been founded upon the power of this Court to model and qualify an interest in property which it had itself created, without … regard to those rules which the law has established for regulating the enjoyment of property in other cases.’

Smith v. . Moore

149 N.C. 185 · Supreme Court of North Carolina · Nov 19, 1908

It is the well settled rule that when one is in possession of land, his acts and declarations qualifying and explaining such possession, are competent as part of the res gestae, that is, the fact of possession. … Unfortunately it was not registered and, as we have seen, its delivery not established.

State v. Anderson

350 N.C. 152 · Supreme Court of North Carolina · Apr 9, 1999

Cameron was not qualified to represent defendant in this case. Nor is there any evidence that Mr. Cameron did not serve as a zealous advocate for defendant throughout the entire time in which he represented her. … The trial court also clearly explained in its instructions to the jurors that they could find defendant not guilty as to each of the three theories.

State v. Anderson

350 N.C. 153 · Supreme Court of North Carolina · Apr 9, 1999

"[D]efendant must show prejudice, as well as a clear abuse of discretion, to establish reversible error." State v. … The trial court also clearly explained in its instructions to the jurors that they could find defendant not guilty as to each of the three theories.

Lackey v. North Carolina Department of Human Resources

306 N.C. 231 · Supreme Court of North Carolina · Jul 13, 1982

The medical evidence clearly established that he was unable to perform heavy manual labor due to malnourishment and atrophy of muscles, bones and joints directly resulting from the billiary fistula which formed at the wound … Clearly the Act and regulations do not require “objective clinical findings” if that phrase is interpreted to mean x-rays and other objective tests.

Aetna Cas. & Sur. v. NATIONWIDE MUT.

326 N.C. 771 · Supreme Court of North Carolina · Jun 13, 1990

Slater was clearly a person using Sawyer's truck which was clearly a covered auto within the meaning of the coverage portion of Sawyer's liability policy. … Although Slater answered in the negative when asked if he believed he was entitled to operate the truck, he qualified his answer by giving as a reason the fact that he was driving without a license.

Hamlet Hospital v. Joint Committee on Standardization

234 N.C. 673 · Supreme Court of North Carolina · Feb 1, 1952

Its graduates are well-trained, well-qualified graduate nurses. They have maintained a creditable average in passing the State Board of Nurse Examiners. 2. … Also, “where the discretion is as to the existence of facts entitling the relator to the thing demanded, if the facts are clearly proved or admitted, mandamus will lie to compel action according to law, for in such case the

Cowan v. . Dale

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

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

Crocker v. Roethling

363 N.C. 140 · Supreme Court of North Carolina · May 1, 2009

The standard for granting summary judgment is well established. … In none of these cases did the plaintiffs have a qualified expert like Dr.

State v. Bennett

Supreme Court of North Carolina · Jun 5, 2020

Our precedent clearly holds that a subjective impression of a prospective juror’s race by one or more court officials is insufficient to establish a record adequate for appellate review. … Though the evidentiary bar for a defendant to establish a prima facie showing of discrimination is not high, this new first step clearly is inadequate under our existing case law.

Abernethy v. Board of Commissioners

169 N.C. 631 · Supreme Court of North Carolina · Oct 13, 1915

The Legislature, on the very day that this act was ratified, had passed another by which it established a recorder’s court in the county of Pitt, with a large and extensive jurisdiction of criminal offenses in that county … It would naturally have qualified the word “fees” by the adjective half, so as to confine it to half fees or the word “convictions,” by limiting its scope to those cases in which the defendants were insolvent.

State v. McGaha

306 N.C. 699 · Supreme Court of North Carolina · Oct 5, 1982

An applicant in Green could not qualify for insurance if “over fifty years,” that is, after his fiftieth birthday. … The present language of both sections was established by the 1981 amendment effective 1 July 1981. The new rape section replaces former N.C.G.S. 14-21 (Supp. 1975).