27 S.E. 1007 PERSON ET AL. v. SOUTHERLAND ET AL. Supreme Court of North Carolina (February Term, 1897.) Messrs. MacRae Day for plaintiffs (appellants). Messrs. W. C. Monroe, Aycock Daniels and I. F. Dortch for defendants. Per Curiam: For the reasons assigned in Wood v. Bellamy, ante, 212, the judgment of the court below is […]
Category: North Carolina Court Opinions
WATT v. JOHNSON, 49 N.C. 190 (1856)
JAMES W. WATT vs. ALEXANDER JOHNSON et al. Supreme Court of North Carolina December Term, 1856. An execution which comes to the hands of a sheriff, after the assignment of partnership effects by one of the firm in satisfaction of partnership debts, although tested before such assignment, does not, by relation back to the teste, […]
CLEGG v. R. R., 135 N.C. 148 (1904)
47 S.E. 667 CLEGG v. RAILROAD COMPANY. Supreme Court of North Carolina (Filed 19 April, 1904.) Carriers — Damages — Carriers of Goods. Where a carrier wrongfully refuses to deliver freight because the owner declines to pay an alleged overcharge in freight, such carrier cannot avoid payment of damages for injury to the freight by […]
CARR v. HAIRSTON, 4 N.C. 20 (1811)
CARR v. HAIRSTON. — 1 L. R., 249. Supreme Court of North Carolina (July Term, 1811.) By the act of 1784 (1 Rev. Stat., ch. 104, secs. 1-4) the interposition of a jury is necessary in the laying out, altering, or changing roads; but in deciding, in the first instance that there shall be a […]
BELLEFONTE UNDERWRITERS INSR. v. ALFA AVIATION, 61 N.C. App. 544 (1983)
300 S.E.2d 877 BELLEFONTE UNDERWRITERS INSURANCE COMPANY v. ALFA AVIATION, INC., WILLIAM AXSON SMITH, JR., MARY JO BECK, DONNA STOCKS, WILLIAM T. TAYLOR, AND J. D. DAWSON COMPANY No. 823SC441North Carolina Court of Appeals Filed 5 April 1983 Insurance 147 — aircraft insurance policy — rented aircraft — pilot not having current medical certificate An […]
HERBERT v. MARCACCIO, 367P11 (N.C. 10-6-2011)
NANETTE HERBERT, Administrator of the ESTATE OF SHIRLEY L. SYKES v. KAY HARRISON MARCACCIO and JOHN DOUGLAS MARCACCIO. No. 367P11Supreme Court of North Carolina 6 October 2011 ORDER Upon consideration of the petition filed on the 23rd of August 2011 by Plaintiff in this matter for discretionary review of the decision of the North Carolina […]
JOHNSON v. SCHULTZ, 75A09 (N.C. 8-25-2009)
Johnson v. Schultz, et al. No. 75A09Supreme Court of North Carolina 25 August 2009 Dear Mr. McNeill: The Motion for Leave To Participate In Oral Argument filed by amicus curiae North Carolina Land Title Association is allowed as follows: Defendant-Appellants and amicus curiae shall agree among themselves as to the allotment of time, which shall […]
STATE v. BIVENS, COA09-483 (N.C.App. 6-1-2010)
693 S.E.2d 378 STATE OF NORTH CAROLINA v. TIMOTHY RAYNARD BIVENS, Defendant. No. COA09-483North Carolina Court of Appeals Filed 1 June 2010 Stanly County No. 06 CRS 52971, 07 CRS 1219. Appeal by defendant from judgment entered 25 September 2008 by Judge Calvin E. Murphy in Stanly County Superior Court. Heard in the Court of […]
HALE v. AARON, 77 N.C. 371 (1877)
MARY HALE ET ALS. v. WILLIAM E. AARON, EXECUTOR, ET ALS. Supreme Court of North Carolina (June Term, 1877.) Executors and Administrators — Purchaser — Account — Residuary Legatee. A purchase by an executor of a special legacy is not in fraud of the rights of the residuary legatees, and he can be held to […]
BOYD v. HAWKINS, 17 N.C. 195 (1832)
RICHARD BOYD ET AL. v. JOHN D. HAWKINS ET AL. Supreme Court of North Carolina (December Term, 1832.) 1. Where one, who had become surety for an insolvent person, was, in order to obtain forbearance, compelled to convey his estate as a security for the debt, to a trustee nominated by the creditor, who also […]