Reports of Cases at Law Argued and Determined in the Supreme Court of North Carolina: From December Term, 1853, to [June Term, 1862], Both Inclusive, Volumen2

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Página 119 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Página 190 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Página 43 - Eyre, on which this species of evidence is admitted, is "that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world Is gone, when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. A situation so solemn and so awful is considered by the law as creating an obligation equal to that which is Imposed by a positive oath administered In a court of justice.
Página 43 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declaration.
Página 164 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Página 347 - ... to punish, by fine or imprisonment, at the discretion of the court, contempts of their authority: Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person,...
Página 28 - Bill made payable at a specified time and place, it is not necessary to aver in the declaration, or prove on the trial, that a demand of payment was made, in order to maintain the action. But...
Página 68 - That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land.
Página 206 - The general principle is, that when the principal subject of a claim is extinguished by the act of the plaintiff, or of the parties, all its incidents go with it. Thus, in an action of ejectment, if the plaintiff, pending the suit, takes possession of the premises, upon the plea of the defendant or upon its being shown, the plaintiff will be non-suited.
Página 414 - ... with force and arms, at the parish of in the county of aforesaid, in and upon one AP, spinster, in the pe.ace of God and of the commonwealth then and there being, violently and feloniously did 'make an assault, and her the said AP, against the will of her the said AP, then and there feloniously did ravish and carnally know...

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