Rand v. . Gillette, 154 S.E. 746 (N.C. 1930). · Go Syfert
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Rand v. . Gillette, 154 S.E. 746 (N.C. 1930). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2004 · …a party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by him in a former judicial proceeding, where the latter position disadvantages his adversary. . . . he cannot safely 'run with the hare and hunt with the hound. at p. 747 ≈ altered
40 citation events (16 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1931 → 2026 · click a year to view as-of
1931 1978 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Old Republic National Title Insurance Co. v. Hartford Fire Insurance Co. (2017)
““A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by him in a former judicial proceeding, where the latter position disadvantages his adversary.” Id. at 21 , 591 S.E.2d at 884 (quoting Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930)).”
Dissent Wolford v. Tankersley (1985)
“Rand v. Gillette, 199 N.C. 462 , 154 S.E. 746 (1930).”
Concurrence Thompson v. Johnson Funeral Home (1935)
“Rand v. Gillette, 199 N. C., 462 , 154 S. E., 746 .”
Top citers, strongest first. 6 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Whitacre Partnership v. Biosignia, Inc. (2×) also: Cited "see, e.g."
N.C. · 2004 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by him in a former judicial proceeding, where the latter position disadvantages his adversary. . . . he cannot safely 'run with the hare and hunt with the hound.
discussed Cited as authority (rule) Beroth Oil Co. v. N.C. Dep't of Transp.
N.C. Ct. App. · 2017 · confidence medium
Whether our Supreme Court has held that a party “cannot swap horses in midstream,” Roberts v. Grogan, 222 N.C. 30, 33 , 21 S.E.2d 829, 830 (1942), should not be permitted to “blow hot and cold in the same breath,” Kannan v. Assad, 182 N.C. 77, 78 , 108 S.E. 383, 384 (1921) (citation and internal quotation marks omitted), or needs to face “the lesson, taught every day in the school of experience, that he cannot safely ‘run with the hare and hunt with the hound,’ ” Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930), it has consistently held that “a party to a suit s…
discussed Cited as authority (rule) Old Republic National Title Insurance Co. v. Hartford Fire Insurance Co. (2×)
N.C. · 2017 · confidence medium
“A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by him in a former judicial proceeding, where the latter position disadvantages his adversary.” Id. at 21 , 591 S.E.2d at 884 (quoting Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930)).
discussed Cited as authority (rule) Old Republic Nat'l Title Ins. Co. v. Hartford Fire Ins. Co.
N.C. · 2017 · confidence medium
“A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by him in a former judicial proceeding, where the latter position disadvantages his adversary.” Id. at 21 , 591 S.E.2d at 884 (quoting Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930)).
cited Cited as authority (rule) In re the Foreclosure of the Nine Deeds of Trust of Cornblum
N.C. Ct. App. · 2012 · confidence medium
As Chief Justice Stacy opined, a party may not “safely ‘run with the hare and hunt with the hound.’ ” Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930).
cited Cited as authority (rule) In Re Cornblum
N.C. Ct. App. · 2012 · confidence medium
As Chief Justice Stacy opined, a party may not "safely `run with the hare and hunt with the hound.'" Rand v. Gillette, 199 N.C. 462, 463 , 154 S.E. 746, 747 (1930).
Retrieving the full opinion text from the archive…
N. G. Rand Et Ux.
v.
R. C. Gillette.
Supreme Court of North Carolina.
Sep 24, 1930.
154 S.E. 746
James D. Banker and Wellons & Wellons for plaintiffs. , Leon G. Stevens and Abell & Shepard for defendant.
Stacy.
Cited by 20 opinions  |  Published
Stacy, C. 3".

Tbe judgment must be affirmed on authority of what was said in Distributing Co. v. Carraway, 196 N. C., 58, 144 S. E., 535. A party is not permitted to take a position in a subsequent judicial proceeding which conflicts with a position taken by bim in a former judicial proceeding, when tbe latter position disadvantages his adversary. Hardison v. Everett, 192 N. C., 371, 135 S. E., 288.

Tbe plaintiff is face to face with- tbe lesson, taught every day in tbe school of experience, tbat be cannot safely “run with tbe hare and bunt with tbe bound.” He induced tbe court to adjudge tbe instruments in suit as valid and subsisting liens in 1929. If this were erroneous, as be now alleges, be has no one to blame but himself.

Tbe plaintiff may have bis remedy at law, but equity having beard bim once will not listen to bim now in reversal of bis former position on tbe same subject. Tbe doctrine of equitable estoppel is based on an application of tbe golden rule to tbe every-day affairs of men. It requires tbat one should do unto others as in equity and good conscience be would have them do unto bim, if their positions were reversed. Boddie v. Bond, 154 N. C., 359, 70 S. E., 824. Its compulsion is one of fair play. Sugg v. Credit Corp., 196 N. C., 97, 144 S. E., 554.

Affirmed.