Case law

In re Commissioners of Circuit Court

65 F. 314 · U.S. Circuit Court for the District of Western North Carolina · Dec 29, 1894

That frequent examinations of the written proceedings of many of the commissioners, returned to court, have clearly shown that they are too eager to make tier diems and fees, and are otherwise not qualified to discharge. … observed in every enlightened system of jurisprudence — that renders judges of courts of general and superior jurisdiction exempt from liability to civil actions and indictments for their judicial acts, and affords the same immunity

North Carolina v. Vanderford

35 F. 282 · U.S. Circuit Court for the District of Western North Carolina · Apr 15, 1888

The rights of persons in civil and private life are either absolute or relative, and most of them were clearly announced and asserted in magna charta. … The fourteenth amendment was intended to preserve the rights, privileges, and immunities of all citizens of the' United States from any unequal and unjust legislation "of the states.

Smythe v. Henry

41 F. 705 · U.S. Circuit Court for the District of Western North Carolina · Feb 11, 1890

The first section conferred upon him all the rights, privileges, and immunities of a citizen of the state. … There was another ground of equitable relief which clearly sustained the jurisdiction of the court of equity in decreeing a sale.

State v. Sullivan

50 F. 593 · U.S. Circuit Court for the District of Western North Carolina · Apr 20, 1892

The doctrine is clearly announced that “the law contemplates that every man shall have the benefit of the principles as well as the procedure of the law, to enable him to vindicate and establish his rights.” … This implied approval clearly appears in the writ of certiorari that was issued in this case.

Chandler v. Thompson

30 F. 38 · U.S. Circuit Court for the District of Western North Carolina · Nov 15, 1886

Written and signed exceptions would be of service on this motion, as the counsel of the parties do not, in some respects, concur in their recollections of the proceedings, and tho court does not clearly and distinctly remember … I need not refer to other authorities firmly establishing the familiar general rule that parol evidence of contemporary oral agreements, communications, or stipulations cannot be permitted to vary, qualify, or contradict,

In re Eaves

30 F. 21 · U.S. Circuit Court for the District of Western North Carolina · Jan 15, 1887

While human nature is very imperfect, and continually liable to error, there are sonic just principles of action, and certain proprieties of conduct, established by law, or by a virtuous and enlightened public sentiment, … observed in every enlightened system of jurisprudence, that renders judges of courts of general and superior jurisdiction exemqft from liability to civil actions and indictment for their judicial acts and affords the same immunity

Wittkowski v. Harris

64 F. 712 · U.S. Circuit Court for the District of Western North Carolina · Oct 15, 1894

Wells as manager, and recommended him to defendants as a very intelligent and skillful manufacturer, who had, by long experience, acquired the peculiar knowledge that qualified him to manufacture tobacco suitable for the … tbe force and effect of a stated account, and be presumed correct until the contrary is clearly made to appear.

Charge to Grand Jury—The Civil Rights Act

30 F. Cas. 999 · U.S. Circuit Court for the District of Western North Carolina · Apr 15, 1875

to the adoption of the recent amendments to the constitution of the United States, with the exception of a few express prohibitions and restrictions in the federal constitution, “the entire domain of the privileges and immunities … In the Slaughterhouse Cases [supra] it is said: “The clause which forbids a state to deny to any person the equal protection of the laws, was clearly intended to prevent the hostile discrimination against the negro race,

Red C. Oil Mfg. Co. v. Board of Agriculture

172 F. 695 · U.S. Circuit Court for the District of Eastern North Carolina · Sep 7, 1909

It must be regarded as valid unless it can be clearly shown to be in conflict with the Constitution. … Water Co., supra, express clearly the best considered view of the Supreme Court upon this subject.

Jones v. Vestry of Trinity Parish

19 F. 59 · U.S. Circuit Court for the District of Western North Carolina · Nov 15, 1883

A jury in ascertaining the terms of a contract, and a court in construing their meaning, clearly have the right to consider the language employed, and also the subject-matter and the surrounding circumstances, so as to ascertain … The plaintiff represented himself as having a long and large experience in such business, and had thus fully qualified himself for the employment, and the defendants were desirous of procuring the services of a prompt, faithful

Coler v. Board of Com'rs of Stanly County

89 F. 257 · U.S. Circuit Court for the District of Western North Carolina · Aug 12, 1898

But this will not affect the ancient and well-established jurisdiction of the court of equity. … J., delivering the opinion of the court, clearly expresses his opinion that the certificate and signatures of the presiding officers make a record which cannot be assailed. He quotes with' approval Pacific R. Co. v.

Southern Ry. Co. v. McNeill

155 F. 756 · U.S. Circuit Court for the District of Eastern North Carolina · Aug 25, 1907

The act of March 11th shows that the Legislature clearly intended that all of the acts concerning railroad rates should be considered as being part of the law relating to the subject. … state shall pass any laws impairing the obligation of contracts, as well as the fourteenth amendment, which, among other things, provides that: “No state shall make or enforce any law which will abridge the privileges or immunities

In re Peacock

178 F. 851 · U.S. Circuit Court for the District of Eastern North Carolina · Mar 8, 1910

Cobb appointed and qualified as his trustee. On May 5, 1909, John N. … For the purpose of this proceeding, the suggestion that the cotton sold April 28, 1909, was not the same cotton shipped by Peacock has not been established.

Hamilton v. . Eaton

1 N.C. 641 · U.S. Circuit Court for the District of North Carolina · Jun 5, 1796

Samuel Weldon, William Wooting, and William Montfort to be commissioners for the purposes aforesaid, in the said act expressed, for the said county of Halifax, who then and there accepted the appointment, and having duly qualified … In addition to the moral tie that it is bound by, a solemn promise so to do is clearly expressed by an act of the Legislature.