North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 90

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Nichols & Gorman, book and job printers, 1884 - Law reports, digests, etc
Cases argued and determined in the Supreme Court of North Carolina.

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Page 61 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 409 - ... upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized, (a) SEC.
Page 162 - During the term wherein any judicial act is done, the record remaineth in the breast of the judges of the court, and in their remembrance, and therefore the roll is alterable during that term, as the judges shall direct, but, when that term is past, then the record is in the roll, and admitteth no alteration, averment, or proof to the contrary.
Page 748 - No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court.
Page 67 - ... see what alterations, if any, were necessary to make them fit ; this the defendant refused to do. There was also evidence to show that a custom existed among tailors of having garments tried on after they were finished, and then making any alterations which might be necessary to make them fit. The defendant asked the Court to give the following instructions to the jury :
Page 602 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 749 - The great object of a trial by jury in criminal cases is to guard against a spirit of oppression and tyranny on the part of rulers; and against a spirit of violence and vindictiveness on the part of the people. Indeed, it is often more important to guard against the latter than the former. The sympathies of all mankind are enlisted against the revenge and fury of a single despot, and every attempt will be made to screen his victims.
Page 152 - ... departed therefrom, with intent to defraud his creditors, or to avoid 'the service of a summons, or keeps himself concealed therein with...
Page 153 - ... has removed, or is about to remove, property from the State, with intent to defraud his or its creditors; or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete property, with the like intent...
Page 636 - That she did not intend her heirs at law to take any benefit under her will, or to have any share of her estate. The first proposition appears from the fact that she disposed of all the estate which she possessed at the time the will was made, the residuary clause being sufficient to carry all that...

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