Case law

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  • State v. Moore

    Court of Appeals of North Carolina · Oct 15, 2024

    State v. Pope, 333 N.C. 106, 114 (1992). … MOORE THOMPSON, J., dissenting cords around her ankles, had handcuffs on her hands, zip ties binding her wrists to her knees, and a brown electrical cord wrapped around her neck and the

    Cited 0 timesPublished
  • Meyers v. SOUTHERN NATIONAL BANK OF NORTH CAROLINA

    21 N.C. App. 202 · Court of Appeals of North Carolina · Apr 3, 1974

    Paragraph 3 provided: “The price of the Stock shall be determined jointly by the Shareholders and the Board of Directors of Trion semiannually at the meeting of said Board next following September 1 and April 1 of each year … Peaseley v. Coke Co., 282 N.C. 585 , 194 S.E. 2d 133 (1973); State v. Cook, 263 N.C. 730 , 140 S.E. 2d 305 (1965); Construction Co. v. Crain and Denbo, Inc., 256 N.C. 110 , 123 S.E. 2d 590 (1962).

    Cited 0 timesPublished
  • Liebes v. Dept. of Public Health

    713 S.E.2d 546 · Court of Appeals of North Carolina · Jul 19, 2011

    Gate City appealed the penalties to the Guilford County Board of Health (Board), which held public hearings and issued two "Order[s] Upholding Civil Penalty" on 23 April and 2 June 2010, respectively. … See Plyler v.

    Cited 3 timesPublished
  • State v. Smith

    246 N.C. App. 170 · Court of Appeals of North Carolina · Mar 1, 2016

    Wilson pulled off to the side 1 Another sign near the pony rides sign and visible from the highway was labeled “Double ‘S’ Ranch” and advertised “Riding Lessons, Lead-Line Rides and Temp[orary] Boarding … See Bainter v. State, 135 So.3d 517, 519 (Fla. 5th DCA 2014) (license revoked by presence of six foot chain link gate within barbed wire fence, accompanied by “No Trespassing” signs); Brown v.

    Cited 7 timesPublished
  • In re: Aaron's Inc.

    264 N.C. App. 20 · Court of Appeals of North Carolina · Feb 19, 2019

    See Szabo Food Serv., Inc. v. Balentine’s, Inc., 285 N.C. 452, 461-62, 206 S.E.2d 242, 249 (1974). … V, § 2 are inapposite. Lastly, we observe that the Commission’s Final Decision appears to contain clerical errors.

    Cited 0 timesPublished
  • In re the Application & Claim of Walsh

    79 N.C. App. 611 · Court of Appeals of North Carolina · Mar 4, 1986

    Concrete Co. v. Board of Commissioners, 299 N.C. 620, 626 , 265 S.E. 2d 379, 383 , rehearing denied, 300 N.C. 562 , 270 S.E. 2d 106 (1980); Cannon v. Zoning Bd. of Adjustment of Wilmington, 65 N.C. … See e.g., Wagoner v. Gainer, 279 S.E. 2d 636 (W.Va. 1981); Blackwell v. Quarterly County Court, 622 S.W. 2d 535 (Tenn. 1981); Public Employees’ Retirement Board v.

    Cited 0 timesPublished
  • Stroud v. North Carolina Memorial Hospital

    15 N.C. App. 592 · Court of Appeals of North Carolina · Aug 2, 1972

    Bailey v. Dept. of Mental Health, supra. … See Crawford v. Board of Education, 3 N.C. App. 343 , 164 S.E. 2d 748 (1968), aff’d 275 N.C. 354 (1969).

    Cited 2 timesPublished
  • Better Business Forms, Inc. v. Davis

    120 N.C. App. 498 · Court of Appeals of North Carolina · Oct 17, 1995

    Cameron-Brown Co. v. Daves, 83 N.C. App. 281, 285 , 350 S.E.2d 111, 114 (1986). Neither defendant in his brief appears to contest that North Carolina’s long-arm statute, N.C. Gen. … Tom Togs, Inc. v. Ben Elias Industries Corp., 318 N.C. 361, 365 , 348 S.E.2d 782, 786 (1986) (citing Hanson v. Denckla, 357 U.S. 235, 253 , 2 L. Ed. 2d. 1283, 1298 (1958)).

    Cited 31 timesPublished
  • Bryant v. TAYLOR KING FURNITURE

    189 N.C. App. 530 · Court of Appeals of North Carolina · Apr 1, 2008

    Anthony DeFranzo, who is board certified in plastic and reconstructive surgery and in general hand surgery. On 5 June 2003, Dr. … Deese v. Champion Int'l Corp., 352 N.C. 109, 116 , 530 S.E.2d 549, 553 (2000). The Commission is the sole judge of the credibility of the witnesses and of the weight of the evidence. Watkins v.

    Cited 0 timesPublished
  • North Carolina State Bar v. Temple

    2 N.C. App. 91 · Court of Appeals of North Carolina · Aug 14, 1968

    In Bowling v. Burton, 101 N.C. 176 , 7 S.E. 701 , our Supreme Court held that a defective statement of a cause of action is ground for demurrer but not for a motion to dismiss the action. … Brown v. Ball, 226 N.C. 732 , 40 S.E. 2d 412 . Furthermore, we find that the motion to strike was without merit, and respondent’s assignment of error relating thereto is overruled.

    Cited 5 timesPublished
  • State v. Miller

    191 N.C. App. 124 · Court of Appeals of North Carolina · Jun 17, 2008

    State v. James, 81 N.C. App. 91, 93 , 344 S.E.2d 77, 79 (1986) (citation omitted). In State v. … The factual backgrounds presented in Autry and Brown are analogous to the facts at bar.

    Cited 4 timesPublished
  • Chur v. Keckeley

    17 S.C.L. 479 · Court of Appeals of North Carolina · Mar 15, 1830

    See Jones v. Brooke, 4 Taunt. 464, Riddle v. Moss, 7 Cranch, 206 , Hubbly v. Brown and Nichols, 16 Johns. 70 , 3 M‘C. 78, note.

    Cited 0 timesPublished
  • Russell v. Bldg. Materials Mfg. Corp.

    808 S.E.2d 925 · Court of Appeals of North Carolina · Jan 16, 2018

    See Bodie Island Beach Club Ass'n, Inc. v. Wray , 215 N.C. … The trial court entered summary judgment in favor of the board of directors and accountants. Id. at 138 , 535 S.E.2d at 596 .

    Cited 0 timesPublished
  • Bicket v. McLean Securities, Inc.

    138 N.C. App. 353 · Court of Appeals of North Carolina · Jun 20, 2000

    See Hofler v. Hill and Hofler v. Hill, 311 N.C. 325, 329 , 317 S.E.2d 670, 673 (1984) (holding conclusion of law fully reviewable on appeal and may be reversed if erroneous); Prime South Homes v. Byrd, 102 N.C. … Approval of Board of Directors Plaintiffs contend that the trial court erred in deleting the entire second paragraph of the 1994 Declaratory Judgment titled “Approval of Board of Directors.”

    Cited 4 timesPublished
  • Love v. Tyson

    119 N.C. App. 739 · Court of Appeals of North Carolina · Aug 15, 1995

    In Saintsing v. Taylor, 57 N.C. … Landfall Group v. Landfall Club, Inc., 117 N.C. App. 270, 273 , 450 S.E.2d 513, 515 (1994) (quoting Valley Forge College v. Americans United, 454 U.S. 464, 488 , 70 L. Ed. 2d. 700, 719 (1982)).

    Cited 3 timesPublished
  • State v. Harding

    258 N.C. App. 306 · Court of Appeals of North Carolina · Mar 6, 2018

    Brown, for the State. Yoder Law PLLC, by Jason Christopher Yoder, for defendant. ELMORE, Judge. … State v. Brown, 310 N.C. 563, 566, 313 S.E.2d 585, 587 (1984) (citation omitted).

    Cited 33 timesPublished
  • State v. Brinkley

    22 N.C. App. 339 · Court of Appeals of North Carolina · Jul 3, 1974

    Our Supreme Court has held to the contrary in State v. Thornton, 283 N.C. 513 , 196 S.E. 2d 701 , and State v. … motions to strike, concerning their observations of certain other “small glassine bags with white powder,” similar to the two bags, which were purchased from defendant, which they saw at the time of the purchase in a small brown

    Cited 0 timesPublished
  • Jenkins v. Brothers

    3 N.C. App. 303 · Court of Appeals of North Carolina · Dec 18, 1968

    The following statement by Justice Denny, later C.J., distinguishing Thompson v. DeVonde in Murrell v. … Among other things, the plaintiff Thompson, in the DeVonde case, was a paying guest of the defendant’s boarding house.

    Cited 5 timesPublished
  • State v. Dietriech

    165 N.C. App. 276 · Court of Appeals of North Carolina · Jul 6, 2004

    Elizabeth Toth ran an equine boarding and training facility located one and one-half miles from defendant's residence on Pony Farm Road. … State v. Olson, 330 N.C. 557 , 564, 411 S.E.2d 592 , 595 (1992). The court must find that there is substantial evidence of each element of the crime charged and of defendant's perpetration of such crime. Id.

    Cited 0 timesPublished
  • State v. Springer

    83 N.C. App. 657 · Court of Appeals of North Carolina · Dec 30, 1986

    State v. Brown, 310 N.C. 563 , 313 S.E. 2d 585 (1984). This standard is consistent with the federal standard enunciated in Jackson v. … See State v. Luther, 285 N.C. 570 , 206 S.E. 2d 238 (1974).

    Cited 1 timesPublished

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