Case law

Tanner v. State Department of Correction

19 N.C. App. 689 · Court of Appeals of North Carolina · Nov 14, 1973

Mason v. Highway Commission, 273 N.C. 36 , 159 S.E. 2d 574 ; Bailey v. Dept. of Mental Health, 272 N.C. 680 , 159 S.E. 2d 28 . … The boards and rails on the bed of the truck were about as high as the cab. The plaintiff did not fall out of the truck when it swerved; he was thrown out when the truck overturned.

Department of Transportation v. McDarris

62 N.C. App. 55 · Court of Appeals of North Carolina · May 3, 1983

As our Supreme Court opined in Board of Transportation v. … Cf., Board of Transportation v. Warehouse Corp., 300 N.C. 700 , 268 S.E. 2d 180 (1980) (taking incidental to enactment of valid traffic regulations, pursuant to exercise of State’s police power, not compensable). B.

Kimler v. Crossings at Sugar Hill Prop. Owner's Ass'n, Inc.

248 N.C. App. 518 · Court of Appeals of North Carolina · Aug 2, 2016

BROWN, PATRICIA A. BROWN, BARRY E. HOUGH, ANNE S. HOUGH, THOMAS P. STIVES, NORMA P. STIVES, JANE F. HUMPHREYS, PHILLIP W. TATLER, JR., SALLY L. TATLER, RONNIE MANGUM, MELODY MANGUM, CAROL C. THOMAS, GINA R. … MAZEY, ELENA V. MAZEY, ERNEST SANTIUSTE, ANTONIA SANTIUSTE and RICHARD M. GETTY, Respondents.  KIMLER V.

Foreman v. Sholl

113 N.C. App. 282 · Court of Appeals of North Carolina · Jan 18, 1994

Heartt, Joseph Brown, Ticer Brown, Richard B. Briggs, Mrs. Ella R. Sampson, James A. Blue, Mrs. Bonnie Blue Covell, E.B. *170 McNeil, J.L. McNeill Trust, J.J. McNeill, Jr., Geo. S. Cromartin, Arthu[r] S. … Sanders, Kathleen Adair Brown, Montreat Concrete and Building Company, Inc., C.H.

Ragan v. County of Alamance

98 N.C. App. 636 · Court of Appeals of North Carolina · Jun 5, 1990

Plaintiffs petitioned the trial judge for a writ of mandamus to issue against defendants, the County of Alamance, its Board of Commissioners, and the Board’s members. … Hightower v. City of Raleigh, 150 N.C. 569, 571 , 65 S.E. 279, 281 (1909).

North Carolina State Bar v. Braswell

67 N.C. App. 456 · Court of Appeals of North Carolina · Apr 3, 1984

The basis for this decision was the board’s failure to give respondent a short and plain statement of the allegations against him. … State Bar v. Talman, 62 N.C. App. 355 , 303 S.E. 2d 175 , disc. rev. denied, 309 N.C. 192 , 305 S.E. 2d 189 (1983).

State v. McLaurin

46 N.C. App. 746 · Court of Appeals of North Carolina · May 20, 1980

The language suggested in State v. … State v. Browning, 28 N.C. App. 376 , 221 S.E. 2d 375 (1976). Under the circumstances, it was error for the judge to fail to charge upon the defendant’s right to stand his ground without retreating.

State v. Sanders

Court of Appeals of North Carolina · Jun 21, 2022

State v. Hill, 153 N.C. … STATE V.

State v. Orr

195 N.C. App. 461 · Court of Appeals of North Carolina · Feb 17, 2009

They found a brown paper bag in Defendant's front right pants pocket, which contained a small electronic scale, over $3,000.00 in cash, and what appeared to be marijuana and cocaine. … State v. Love, 156 N.C. App. 309, 318 , 576 S.E.2d 709, 714 (2003). II.

Cornelison v. Cornelison

47 N.C. App. 91 · Court of Appeals of North Carolina · Jun 3, 1980

Gardner v. Gardner, supra. While the sufficiency of the findings to support the award is re viewable on appeal, Rickert v. … Upchurch v. Upchurch, supra.

State v. Orr

196 N.C. App. 178 · Court of Appeals of North Carolina · Apr 7, 2009

State v. Davis, 167 N.C. App. 770, 775 , 607 S.E.2d 5, 9 (2005) (quoting State v. Johnson, 320 N.C. 746, 753 , 360 S.E.2d 676, 681 (1987)). … State v. Brown, 142 N.C. App. 491, 492-93 , 543 S.E.2d 192, 193 (2001) (citations omitted). Furthermore, there is a presumption that the judgment is correct. State v. Melton, 52 N.C.

State v. Pearson

89 N.C. App. 620 · Court of Appeals of North Carolina · Apr 19, 1988

E.g., State v. Brown, 300 N.C. 731 , 268 S.E. 2d 201 (1980). … See also State v.

State v. McCoy

105 N.C. App. 686 · Court of Appeals of North Carolina · Mar 17, 1992

The exchange between the prosecutor and this witness was as follows: Q Did the defendant ever suggest to you that he had found that brown paper bag? A No. … State v.

Askew v. City of Kinston

Court of Appeals of North Carolina · Aug 20, 2024

See Askew v. City of Kinston, 287 N.C. App. 222, 883 S.E.2d 85 (2022). … If the court concludes that the decision was “based upon an error of law” then it may “remand the case with an order that directs the decision-making board to take whatever action should have been taken had the error not

Simmons v. Wilder

6 N.C. App. 179 · Court of Appeals of North Carolina · Sep 17, 1969

Smith v. Thompson, 210 N.C. 672 , 188 S.E. 395 . … Board of Education v. Wilson, 215 N.C. 216 , 1 S.E. 2d 544 . Plaintiff also urges that this Court abolish the distinction between releases and covenants not to sue.

State v. Russell

84 N.C. App. 383 · Court of Appeals of North Carolina · Feb 17, 1987

Based on these findings and conclusions, the court ruled that the search of the plane and the luggage on board was valid on two alternative theories. … United States v.

State v. Blake

83 N.C. App. 77 · Court of Appeals of North Carolina · Oct 21, 1986

At the time defendant had shoulder-length dark blond or light brown hair, and was wearing a dark tee-shirt. … G.S. 15A-1340.4(b); State v. Welch, 69 N.C. App. 668 , 318 S.E. 2d 4 (1984). For the foregoing reasons, we hold that defendant had a fair trial free of prejudicial error. No error. Judge Arnold concurs.

Oliver v. Ernul

9 N.C. App. 221 · Court of Appeals of North Carolina · Aug 5, 1970

In Hine v. … Lee v. Walker, 234 N.C. 687 , 68 S.E. 2d 664 ; Russell v. Coggin, 232 N.C. 674 , 62 S.E. 2d 70 * *." Easements may be acquired by grant, dedication, or prescription. Green v.

Mastrom, Inc. v. Warren

18 N.C. App. 199 · Court of Appeals of North Carolina · May 23, 1973

Greene Co. v. Kelley, 261 N.C. 166 , 134 S.E. 2d 166 (1964). … Greene Co. v. Kelley . . . [.supra].” Wilmar, Inc. v. Liles and Wilmar, Inc. v. Polk, 13 N.C. App. 71, 77 , 185 S.E. 2d 278, 282 (1971), cert. denied, 280 N.C. 305 , 186 S.E. 2d 178 (1972).

North Carolina State Highway Commission v. Gamble

9 N.C. App. 618 · Court of Appeals of North Carolina · Nov 18, 1970

In Cutts v. Casey, 271 N.C. 165 , 155 S.E. 2d 519 (1967), it is said: “Where there is a conflict between course and distance and a fixed monument, the call for the monument will control.” In the case of Brown v. … See also Franklin v. Faulkner, 248 N.C. 656 , 104 S.E. 2d 841 (1958). In 12 Am.