The Southeastern Reporter, Volumen76West Publishing Company, 1913 |
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Página 9
... cause of action within the jurisdiction of the superior court , the court does not lose its juris diction by a failure to prove the allegation in its entirety , and , where a buyer declares in tort for a false warranty and adds a second ...
... cause of action within the jurisdiction of the superior court , the court does not lose its juris diction by a failure to prove the allegation in its entirety , and , where a buyer declares in tort for a false warranty and adds a second ...
Página 10
... cause of action as to the false war- of action within the jurisdiction of the court , ranty . Plaintiff had originally stated a cause and the mere fact that he failed to prove a part of it did not oust the jurisdiction as to the other ...
... cause of action as to the false war- of action within the jurisdiction of the court , ranty . Plaintiff had originally stated a cause and the mere fact that he failed to prove a part of it did not oust the jurisdiction as to the other ...
Página 22
... cause of the injury without which it could not have hap- pened , you should find a verdict in favor of the plaintiff ' - the error being that said re- quest was a charge on the facts , in that it instructed the jury that certain facts ...
... cause of the injury without which it could not have hap- pened , you should find a verdict in favor of the plaintiff ' - the error being that said re- quest was a charge on the facts , in that it instructed the jury that certain facts ...
Página 23
... cause of his injury ; any other crossing , such charge was mis- leading , not applicable to the evidence and the law , and was prejudicial to the rights of the defendant . ( 2 ) That , as there was no evidence that the motorman's ...
... cause of his injury ; any other crossing , such charge was mis- leading , not applicable to the evidence and the law , and was prejudicial to the rights of the defendant . ( 2 ) That , as there was no evidence that the motorman's ...
Página 40
... cause of action for a personal tort abated on the death of the tort- feasor . This rule was modified by statute ( Civil Code , § 4421 ) , so that it should not apply in case of the death of the defendant . The phraseology of that ...
... cause of action for a personal tort abated on the death of the tort- feasor . This rule was modified by statute ( Civil Code , § 4421 ) , so that it should not apply in case of the death of the defendant . The phraseology of that ...
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Términos y frases comunes
accused acres agent alleged amended answer APPEAL AND ERROR appellees authority bill bond brings error cause of action Cent certiorari charge circuit court claim Code complainant Constitution contract contributory negligence conveyed corporation Coun counsel Court of Appeals court of equity CRIMINAL LAW damages death decision decree deed defendant in error defendant's demurrer equity Error from Superior evidence execution facts fendant filed fraud ground habeas corpus held injunction injury instruction Insurance issue judge Judgment affirmed jurisdiction jury justice land levy liability Lumber Martha Jones ment mortgage motion municipal negligence nonsuit North Carolina Note Note.-For opinion party payment person petition plain plaintiff in error possession proceeding purchase question quiet title railroad reason recover refused reversed rule statute sufficient suit Superior Court Supreme Court Syllabus testimony thereof tiff timber tion tract trial trust verdict witness
Pasajes populares
Página 180 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Página 96 - ... if the subject of insurance be a building on ground not owned by the insured in fee simple...
Página 152 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Página 115 - The equal protection clause of the fourteenth amendment does not take from the state the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis, and therefore is purely arbitrary.
Página 119 - ... the court below may order the property to be sold and the proceeds thereof to be deposited, to abide the judgment of the appellate court...
Página 302 - ... the parties of the first part and the parties of the second part to said agreement.
Página 9 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Página 296 - It is sufficient, we think, if the streets (which include sidewalks and bridges thereon) are in a reasonably safe condition for travel in the ordinary modes, by night as well as by day...
Página 115 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results In some inequality.
Página 124 - If such a designation is not in force, or if neither the person designated, nor an officer specified in subdivision first of this section, can be found with due diligence, and the corporation has property within the State, or the cause of action arose therein ; to the cashier, a director, or a managing agent of the corporation, within the state.