37 North Carolina opinions name it 3 courts 1893–2025 1 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Williams v. Davie Countygreen2 sentences2008App. 160, 164 , 461 S.E.2d 25, 28 (1995) (citations omitted). 2006The employer bears the burden of rebutting this presumption by showing circumstances which disqualify the claimant." Williams v. Davie County, 120 N.C.App. 160, 164 , 461 S.E.2d 25, 28 (1995) (citations omitted). | 3 | 3 |
Harris v. Ray Johnson Construction Co.green2 sentences2004Thus, “ ‘one who challenges the actions of an attorney as being unauthorized has the burden of rebutting this presumption and proving lack of authority to the satisfaction of the court.’ ” Id. (citation omitted). 2004Thus, "[o]ne who challenges the actions of an attorney as being unauthorized has the burden of rebutting this presumption and proving lack of authority to the satisfaction of the court." Id. | 1 | 4 |
Howard v. Boycegreen2 sentences1993See Howard v. Boyce, 254 N.C. 255, 263 , 118 S.E.2d 897, 903 (1961). 1993See Howard v. Boyce, 254 N.C. 255, 263 , 118 S.E.2d 897, 903 (1961). | 1 | 2 |
State v. Wallgreen1 sentence2025State v. Wall, 184 N.C. | 1 | 1 |
Johnson v. . Johnsongreen2 sentences2005Johnson v. Johnson, 229 N.C. 541, 545-46 , 50 S.E.2d 569, 572-73 (1948). 2005Johnson v. Johnson, 229 N.C. 541, 545-46 , 50 S.E.2d 569, 572-73 (1948). | 1 | 1 |
Grimsley v. Nelsongreen2 sentences2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . 2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . | 1 | 1 |
Orthodontic Centers of America, Inc. v. Hanachigreen1 sentence2005App. 133, 135 , 564 S.E.2d 573, 575 (2002), defendant, as the party attacking the validity of the contract on the basis of non-execution, has the burden of rebutting that presumption. | 1 | 1 |
Nye, Mitchell, Jarvis & Bugg v. Oatesgreen2 sentences2001Id. at 292 , 426 S.E.2d at 294 (citations omitted). 2001Id. at 292 , 426 S.E.2d at 294 (citations omitted). | 1 | 1 |
Chemical Co. v. . Bassgreen1 sentence2000Chemical Co. v. Bass, 175 N.C. 453, 456 , 95 S.E. 766, 767-78 (1918). *830 The attorney-client relationship is based upon principles of agency. | 1 | 1 |
Owens v. Voncannongreen2 sentences1993The party challenging the actions of the attorney as being unauthorized has the burden of rebutting the presumption, Owens v. Voncannon, 251 N.C. 351, 354 , 111 S.E.2d 700, 702 (1959), and absent estoppel by that party, a determination by the trial court that the presumption is rebutted destroys the essential element upon which the validity of the judgment depends. 1993The party challenging the actions of the attorney as being unauthorized has the burden of rebutting the presumption, Owens v. Voncannon, 251 N.C. 351, 354 , 111 S.E.2d 700, 702 (1959), and absent estoppel by that party, a determination by the trial court that the presumption is rebutted destroys the essential element upon which the validity of the judgment depends. | 1 | 1 |
Intercraft Industries Corp. v. Morrisongreen2 sentences1989Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376 , 289 S.E. 2d 357, 359 (1982). 1989Intercraft Industries Corp. v. Morrison, 305 N.C. 373, 376 , 289 S.E. 2d 357, 359 (1982). | 1 | 1 |
State v. Atwoodgreen2 sentences1985The defendant contends that his conviction should be reversed for the following reasons: (1) the defendant’s stipulation was not specific enough to show knowledge of the revocation; (2) the defendant’s use of the words “mail date of suspension January 17, 1983” was not sufficient evidence that the revocation was mailed to the defendant in accordance with G.S. 20-48; (3) the DMV record was introduced only for the purpose of showing revocation and not that the defendant had received notice of the revocation; (4) the State improperly argued to the jury that defendant had the burden of rebutting t 1985The defendant contends that his conviction should be reversed for the following reasons: (1) the defendant’s stipulation was not specific enough to show knowledge of the revocation; (2) the defendant’s use of the words “mail date of suspension January 17, 1983” was not sufficient evidence that the revocation was mailed to the defendant in accordance with G.S. 20-48; (3) the DMV record was introduced only for the purpose of showing revocation and not that the defendant had received notice of the revocation; (4) the State improperly argued to the jury that defendant had the burden of rebutting t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Perez v. American Airlines/AMR Corp.
green
2 sentences2015Id. at 137 n. 1, 620 S.E.2d at 293 n. 1 (emphasis added). 2011But the burden of rebutting the presumption of compensability in this situation, although slight, would still be upon the employer." Perez v. American Airlines , 174 N.C. | 4 | 2010–2015 |
Williams v. Davie County
neutral
2 sentences2008The employer bears the burden of rebutting this presumption by showing circumstances which disqualify the claimant." Williams v. Davie County, 120 N.C. 2006The employer bears the burden of rebutting this presumption by showing circumstances which disqualify the claimant." Williams v. Davie County, 120 N.C.App. 160, 164 , 461 S.E.2d 25, 28 (1995) (citations omitted). | 3 | 1996–2008 |
Saums v. Raleigh Community Hospital
green
2 sentences2000Likewise, in order to rebut plaintiff’s claim of ongoing partial disability, in the event such issue arises, defendants have the burden of proving “ ‘not only that suitable jobs *142 are available, but also that the plaintiff is capable of getting one, taking into account both physical and vocational limitations.’ ” Saums, 346 N.C. at 763-64 , 487 S.E.2d at 749 (quoting Kennedy v. Duke Univ. 2000Likewise, in order to rebut plaintiff’s claim of ongoing partial disability, in the event such issue arises, defendants have the burden of proving “ ‘not only that suitable jobs *142 are available, but also that the plaintiff is capable of getting one, taking into account both physical and vocational limitations.’ ” Saums, 346 N.C. at 763-64 , 487 S.E.2d at 749 (quoting Kennedy v. Duke Univ. | 2 | 1998–2000 |
Miller v. Guilford County Schools
green
2 sentences1996Id. 1995Id. | 2 | 1995–1996 |
Osborne v. . Wilkes
neutral
2 sentences1893Osborne v. Wilkes , 108 N.C. 651 . 1893Osborne v. Wilkes, 108 N. C., 651 . | 2 | 1893–1893 |
Hill v. Houpt
green
2 sentences2011Our Supreme Court has noted that “[i]n every case what is actually decided is the law applicable to the particular facts; all other legal conclusions therein are but obiter dicta.” Hill v. Houpt, 292 Pa. 339 , 141 A. 159, 160 . 2011Our Supreme Court has noted that “[i]n every case what is actually decided is the law applicable to the particular facts; all other legal conclusions therein are but obiter dicta.” Hill v. Houpt, 292 Pa. 339 , 141 A. 159, 160 . | 1 | 2011–2011 |
Parsons v. Pantry, Inc.
green
2 sentences2010Perez v. American Airlines/AMR Corp. , 174, N.C.App. 128, 620 S.E.2d 288 (2005); Parsons v. Pantry *Page 9 Inc. , 126 N.C.App. 540 , 485 S.E.2d 867 (1997). 2010Perez v. American Airlines/AMR Corp. , 174, N.C.App. 128, 620 S.E.2d 288 (2005); Parsons v. Pantry *Page 9 Inc. , 126 N.C.App. 540 , 485 S.E.2d 867 (1997). | 1 | 2010–2010 |
Guthrie v. Ray
green
2 sentences2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . 2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . | 1 | 2005–2005 |
Burlingham v. . Canady
green
2 sentences2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . 2005See id.; see also Grimsley v. Nelson, 342 N.C. 542 , 545, 467 S.E.2d 92 , 94 (1996); Guthrie v. Ray, 293 N.C. 67 , 71, 235 S.E.2d 146 , 149 (1977); Burlingham, 156 N.C. at 179 , 72 S.E. at 325 . | 1 | 2005–2005 |
Radica v. Carolina Mills
green
1 sentence2004Radica v. Carolina Mills , 113 N.C. | 1 | 2004–2004 |
Fields v. Whitehouse & Sons Co.
neutral
1 sentence1993App. 484, 488 , 391 S.E.2d 198, 200 , disc. review denied, 327 N.C. 427 , 395 S.E.2d 677 (1990) (citations omitted). | 1 | 1993–1993 |
Gillikin v. Pierce
neutral
1 sentence1993App. 484, 488 , 391 S.E.2d 198, 200 , disc. review denied, 327 N.C. 427 , 395 S.E.2d 677 (1990) (citations omitted). | 1 | 1993–1993 |
Gillikin v. Pierce
green
2 sentences1993Stat. § 1A-1, Rule 38(d) (1990) provides that “[a] demand for trial by jury . . . may not be withdrawn without the consent of the parties who have pleaded or otherwise appear in the action.” Although Rule 38 requires the consent of the parties, “there is a presumption that an attorney has authority to act for his client and one challenging the attorney’s actions as being unauthorized has the burden of rebutting the presumption.” Gillikin v. Pierce, 98 N.C. 1993App. 484, 488 , 391 S.E.2d 198, 200 , disc. review denied, 327 N.C. 427 , 395 S.E.2d 677 (1990) (citations omitted). | 1 | 1993–1993 |
Nationwide Ins. Co. v. Ojha
green
2 sentences1990Id. 1990Id. | 1 | 1990–1990 |
Kelleher Unemployment Compensation Case
green
2 sentences1989In another case decided by the same court in the same year, the court said: [Claimant] argues that the employer has the burden of rebutting the presumption that the employe is entitled to benefits, relying on Kelleher Unemployment Compensation Case, 175 Pa. Superior Ct. 261 , 104 A. 2d 171 . 1989In another case decided by the same court in the same year, the court said: [Claimant] argues that the employer has the burden of rebutting the presumption that the employe is entitled to benefits, relying on Kelleher Unemployment Compensation Case, 175 Pa.Superior Ct. 261, 104 A.2d 171 . | 1 | 1989–1989 |
Philadelphia Transportation Co. v. Unemployment Compensation Board of Review
green
2 sentences1989However, that case was criticized in Gagliardi Unemployment Compensation Case, 186 Pa. Superior Ct. 142 , 143 A. 2d 410 , wherein Judge Wood-side said: “There is no burden on the employer to establish ineligibility”. 1989However, that case was criticized in Gagliardi Unemployment Compensation Case, 186 Pa.Superior Ct. 142, 141 A.2d 410 , wherein Judge *760 Woodside said: "There is no burden on the employer to establish ineligibility". | 1 | 1989–1989 |
Jackson v. Wayne Circuit Judge
green
1 sentence1986Id. | 1 | 1986–1986 |
State v. Chester
green
1 sentence1985The State satisfies its burden of proof of a G.S. 20-28 violation when, “nothing else appearing, it has offered evidence of compliance with the notice requirements of G.S. 20-48 because of the presumption that he received notice and had such knowledge.” State v. Chester, 30 N.C. | 1 | 1985–1985 |
| Potts v. Burnette green | 1 | 1983–1983 |
| Mullaney v. Wilbur green | 1 | 1978–1978 |
| In Re WINSHIP green | 1 | 1978–1978 |
| Wachovia Bank & Trust Co. v. Smith Crossroads, Inc. green | 1 | 1971–1971 |
| State v. . Baker green | 1 | 1970–1970 |
| State v. . Burrage green | 1 | 1947–1947 |
| State v. . Floyd neutral | 1 | 1947–1947 |
| State v. . Ellison green | 1 | 1947–1947 |
| State v. . Benson green | 1 | 1947–1947 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.