The Southeastern Reporter, Volume 2West Publishing Company, 1887 - Law reports, digests, etc |
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Common terms and phrases
administrator adverse possession affirmed alleged amend amount answer apply assignment authority bill bond cause of action charge circuit court circuit judge claim Code commissioners complaint contract conveyance conveyed counsel court of equity Court of North creditors debt debtor deceased declared decree deed defendant defendant's demurrer entitled equity error evidence executed executor fact fendant filed ground guardian heirs held honor erred intended interest intestate issue judgment jury Kinports liable lien ment MERRIMON mortgage motion negligence nonsuit North Carolina paid parties payment person plaintiff plaintiff in error possession proceedings provision purchase money question railroad record recover refused rent Richmond county rule secure sheriff sheriff's deed sold statute statute of limitations suit superior court Supreme Court surety sustained term testator testimony therein thereof tion to-wit tract of land trial trust verdict void wife witness
Popular passages
Page 123 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done, any act. matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act. matter, or thing in this Act required to be done...
Page 344 - ... and if, after such cause of action shall have accrued, such person shall depart from and reside out of this state, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 49 - Before judgment, on the application of either party, when he establishes an apparent right to property which is the subject of the action, and which is in the possession of an adverse party, and the property, or its rents and profits, are in danger of being lost, or materially injured or impaired; except in cases where judgment upon failure to answer may be had without application to the court ; 2.
Page 122 - Co. against the bank of about (130,000; and for such other and further relief as the nature of the case may require.
Page 418 - Dougherty at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged, hath granted bargained and sold and by these presents doth grant, bargain and sell unto the said...
Page 345 - If, after a cause of action has accrued against a person, he departs from the state and remains continuously absent therefrom for the space of one year or more, . . . the time of his absence . . . is not a part of the time limited for the commencement of the action.
Page 245 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Page 24 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 531 - 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 251 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...