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Citation: 3 N.C. 291 |
Status: Published
Summary: This is a debt upon bond against the heir of the obligor; and if the plea of nothing by descent or devise be falsified by verdict, the judgment will be de bonis propriis of the heir or devisee.


Citation: 3 N.C. 291 |
Status: Published
Summary: An appeal from an inferior court of admiralty takes the cause from that court, and such court can no longer act in it.


Citation: 12 N.C. 269 |
Status: Published
Summary: The declaration, besides the usual introductory averments of good character, etc., alleged a special inducement that the plaintiff was a Congregational clergyman and minister of the gospel, and that the defendant designed to defame him in that character, etc. The declaration then charged the publication of a libel in the form of a letter directed to one H. P., from which particular sentences were selected and stated in various forms, in twenty-five different counts, all exactly alike in the indu......read more.


Citation: 1 N.C. 641 |
Status: Published
Summary: Which being read and heard, the said John Eaton saith, that the said plaintiffs ought not to have or maintain their said action against him, because he saith, that on the 4th day of July, in the year of our Lord 1776, and from thence continually afterwards unto the thirtieth day of November, in the year of our Lord 1782, there was an open war between the King of Great Britain and the United States of America, and that on the said fourth day of July, in the said year of our Lord 1776, the aforesa......read more.


Citation: 1 N.C. 633 |
Status: Published
Summary: In debt, the plaintiff declared on a bill bearing date in paroch,sanctae Marioe de arcubus in London; and upon oyer of the deed, it bore date at Hamburgh, and the writ was in the Detinet Tantum.




Citation: 1 N.C. 624 |
Status: Published
Summary: held that the 4th and 5th sections of that act must be taken together; that the defendant ought to have entitled himself to the benefit of the 4th section by showing he had complied with the requisites in the 5th; and as this was not set forth, The plea was overruled.


Citation: 3 N.C. 282 |
Status: Published
Summary: I doubt whether an admission of the debt (283) by an administrator will take the case out of the act of limitations; for the admission presupposes a promise made within three years, and how can this be when the intestate has been dead ten years?


Citation: 3 N.C. 291 |
Status: Published
Summary: The seller impliedly gave power to the vendee to plead such pleas in his name as were necessary for the defense of the land; and should a plea be now put in by Arrington in the name of the vendor, I would not consent to strike it out.


Citation: 3 N.C. 282 |
Status: Published
Summary: The jury should assess damages according to the value at the time of recovery; for, supposing he is to have the present value, he should bear the loss in case of the death of the negroes or other loss since the judgment; and, besides, plaintiff's demand arises immediately upon the recovery, and is not to be influenced by after circumstances.




Citation: 3 N.C. 377 |
Status: Published
Summary: We must presume, according to the loose practice of this State, that there was a judgment entered pursuant to the verdict, and therefore we must say there is such a record.


Citation: 3 N.C. 379 |
Status: Published
Summary: The objection made by Mr. Seawell, that no one shall speak as to the handwriting of the president and cashier of the bank but one who has seen them write, or has been in the habit of receiving letters from them in a course of correspondence, is not a sound one.




Citation: 3 N.C. 281 |
Status: Published
Summary: So much of the lands as the money secured by the mortgage was worth shall be deemed to have been purchased by the heir by payment of the debts of the ancestor; the surplus of the land shall be estimated as worth at the time of sale in 1801.


Citation: 1 N.C. 641 |
Status: Published
Summary: It is admitted that the bond on which this suit is brought was executed by the defendant to the plaintiffs; and that the plaintiffs have not been paid. But the defendant pleaded that since the execution of the bond a war has existed, in which the plaintiffs were enemies; and that during the war this debt was confiscated and the money paid into the treasury of the State.


Citation: 3 N.C. 227 |
Status: Published
Summary: In the act of 1789 there is this clause: "That all laws and parts of law that come within the meaning and purview of this act are hereby declared void and of no effect."




Citation: 1 N.C. 620 |
Status: Published
Summary: The prisoner was a French sailor, and the murder with which he stood charged had been committed upon the high seas; on his landing in North Carolina, he was taken up and committed to jail; from thence he was taken on the next day, brought into court in irons, and examined, *Page 621 without being informed that he was then under an examination, and not on his trial. In Layer's case the prisoner's counsel said, and the Chief Justice granted that his examination could not be read, unless it was sig......read more.