The Southeastern Reporter, Volume 105West Publishing Company, 1921 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page v
... JUDGE . JUDGES . ROSCOE LUKE . O. H. B. BLOODWORTH , Division No. 2 . W. F. JENKINS , PRESIDING JUDGE . JUDGES . ALEXANDER W. STEPHENS . CHARLES W. SMITH.1 BENJAMIN H. HILL . " NORTH CAROLINA - Supreme Court . WALTER CLARK , CHIEF ...
... JUDGE . JUDGES . ROSCOE LUKE . O. H. B. BLOODWORTH , Division No. 2 . W. F. JENKINS , PRESIDING JUDGE . JUDGES . ALEXANDER W. STEPHENS . CHARLES W. SMITH.1 BENJAMIN H. HILL . " NORTH CAROLINA - Supreme Court . WALTER CLARK , CHIEF ...
Page 4
... judge as a fact that plaintiff moved to set aside a judgment only upon ground of excusable neglect prevents Su- preme Court from considering any other ground . 2. Judgment 363 - Negligence of plaintiff held inexcusable so as to prevent ...
... judge as a fact that plaintiff moved to set aside a judgment only upon ground of excusable neglect prevents Su- preme Court from considering any other ground . 2. Judgment 363 - Negligence of plaintiff held inexcusable so as to prevent ...
Page 5
... judge did not consider it or find the facts in regard to it . An assignment of error not based upon an exception duly and properly taken is not sufficient . The preparation of the assignment of error is the work of the attorney for the ...
... judge did not consider it or find the facts in regard to it . An assignment of error not based upon an exception duly and properly taken is not sufficient . The preparation of the assignment of error is the work of the attorney for the ...
Page 9
... judge . v . Brown , 213 U. S. 25 , 29 Sup . Ct . 404 , 53 L. Ed . 682 ; Greeff v . Eq . Ins . Co. , 160 N. Y. 19 , 54 N. E. 712 , 46 L. R. A. 288 , 73 Am . St. Rep . 659 ; Pl . & Pr . pp . 336-338 , etc. That was a case where the ...
... judge . v . Brown , 213 U. S. 25 , 29 Sup . Ct . 404 , 53 L. Ed . 682 ; Greeff v . Eq . Ins . Co. , 160 N. Y. 19 , 54 N. E. 712 , 46 L. R. A. 288 , 73 Am . St. Rep . 659 ; Pl . & Pr . pp . 336-338 , etc. That was a case where the ...
Page 11
... Judge . [ 2 ] The exception to the judgment " is in- Action by Pearl Allen against J. N. Allen sufficient to bring up for review the findings for subsistence for plaintiff and her children . of the judge . The alleged errors should be ...
... Judge . [ 2 ] The exception to the judgment " is in- Action by Pearl Allen against J. N. Allen sufficient to bring up for review the findings for subsistence for plaintiff and her children . of the judge . The alleged errors should be ...
Contents
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Popular passages
Page 195 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 192 - 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.
Page 149 - No law shall embrace more than one object, which shall be expressed in its title...
Page 331 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 23 - Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law ; and in any action at law or suit in equity against the carrier, no defense shall be made thereto upon the ground that the carrier is an instrumentality or agency of the federal government.
Page 23 - Federal court any action heretofore or hereafter instituted by or against it, which action was not so transferable prior to the Federal control of such carrier; and any action which has heretofore been so transferred because of such Federal control or of any act of Congress or official order or proclamation relating thereto shall upon motion of either party be retransferred to the court in which it was originally instituted. But no process, mesne or final, shall be levied against any property under...
Page 244 - All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws...
Page 99 - The court may at any time, in furtherance of justice, upon such terms as may be just, permit any process, proceeding, pleading, or record to be amended, or material supplemental matter to be set forth in an amended or supplemental pleading. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Page 154 - There has been no attempt to make an exhaustive statement of the principle involved, but in cases thus far decided, it has been settled that the orders of the Commission are final unless (1) beyond the power which it could constitutionally exercise; or (2) beyond its statutory power; or (3) based upon a mistake of law. But questions of fact may be involved in the determination of questions of law, so that an order, regular on its face, may be set aside if it appears that (4) the rate is so low as...
Page 148 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.