guiding principle (North Carolina) · Go Syfert
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guiding principle in North Carolina

25 North Carolina opinions name it 3 courts 1969–2025 3 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.

Followed or applied (14)

CaseFollowedCited
Brooks v. Brooksgreen
ncctapp · 1971 · cited in 4 North Carolina opinions naming this issue, 1981–2020
2 sentences

2020“While this guiding principle is clear, decision in particular cases is often difficult and necessarily a wide discretion is vested in the trial [court].” Id.

2020“The guiding principle to be used by the court in a custody hearing is the welfare of the child or children involved.” Brooks v. Brooks, 12 N.C.

34
Clark v. Clarkgreen
nc · 1980 · cited in 2 North Carolina opinions naming this issue, 1984–1991
2 sentences

1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t

1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t

12
Rosero v. Blakegreen
nc · 2003 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025Rosero v. Blake, 357 N.C. 193, 207 (2003); see also N.C.G.S. § 50-13.2 (2025).

11
State v. Sellersgreen
kan · 2011 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995).

11
State v. Rambertgreen
nc · 1995 · cited in 1 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995).

2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995).

11
State v. Sellersgreen
kan · 2011 · cited in 1 North Carolina opinions naming this issue, 2023–2023
1 sentence

2023See State v. Sellers, 292 Kan. at 357 , 253 P.3d at 28 ; State v. Rambert, 341 N.C. 173, 176 , 459 S.E.2d 510, 512 (1995).

11
Currituck Associates—Residential Partnership v. Hollowellgreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2022–2022
1 sentence

2022Ct. App. 2020) (“The guiding principle underlying the frustration of purpose doctrine is to ‘give relief in a situation where the parties could not reasonably have protected themselves by the terms of the contract against contingencies which later arose.’ ” (quoting Currituck Assocs. - Residential P’ship v. Hollowell, 166 N.C.

11
WRI/Raleigh, L.P. v. Shaikhgreen
· 2007 · cited in 1 North Carolina opinions naming this issue, 2022–2022
1 sentence

2022App. 17, 29 (2004)); see also WRI/Raleigh, L.P., 183 N.C.

11
Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)green
cadc · 1984 · cited in 1 North Carolina opinions naming this issue, 2019–2019
1 sentence

2019Weisberg v. U.S. Dep’t of Justice, 745 F.2d 1476, 1485 (D.C.

11
In Re the Appeal From the Civil Penaltygreen
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., In re Appeal from Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 37 (1989) (“Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.”).

2014See, e.g., In re Appeal from Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 37 (1989) (“Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher court.”).

11
Falkson v. Clayton Land Corp.green
ncctapp · 2005 · cited in 1 North Carolina opinions naming this issue, 2006–2006
2 sentences

2006See Falkson v. Clayton Land Corp., ___ N.C.App. ___, ___, 621 S.E.2d 215, 216-17 (2005) (citing Bowman as general rule).

2006See Falkson v. Clayton Land Corp., 174 N.C.

11
In Re Inquiry Concerning Judge Hardygreen
nc · 1978 · cited in 1 North Carolina opinions naming this issue, 1994–1994
2 sentences

1994In re Hardy, 294 N.C. 90, 95 , 240 S.E.2d 367, 371 (1978).

1994In re Hardy, 294 N.C. 90, 95 , 240 S.E.2d 367, 371 (1978).

11
Cobb v. Cobbgreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 1991–1991
2 sentences

1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t

1991The guiding principle behind the allowance of counsel fees is to enable the dependent spouse, as litigant, to meet the supporting spouse, as litigant, on substantially even terms by making it possible for the dependent spouse to employ adequate and suitable legal representation. [Citations omitted.] In Clark , where the husband had a net worth in 1975 of $650,000 with a savings account in 1978 of $75,000, and the wife had an entire separate estate of only $87,000, the Court said that "[i]t would be contrary to what we perceive to be the intent of the legislature to require a dependent spouse t

11
State v. . Childressgreen
nc · 1947 · cited in 1 North Carolina opinions naming this issue, 1981–1981
2 sentences

1981State v. Childress, 228 N.C. 208, 210 , 45 S.E. 2d 42, 44 (1947).

1981State v. Childress, 228 N.C. 208, 210 , 45 S.E. 2d 42, 44 (1947).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
Crosrol Carding Developments, Inc. v. Gunter & Cooke, Inc. green
ncctapp · 1971
2 sentences

2015A dismissal under Rule 12(b)(7) is not considered to be on the merits and is without prejudice.’ Id. at 453–54, 183 S.E.2d at 838 (quoting 5 Wright & Miller, Federal Practice and Procedure, § 1359, pp. 628, 631). {20} Defendants contend that Roland and his Window World franchisees are necessary parties to Count 1 and 2 in the Lomax Action, and that the Lomax/Gillette Plaintiffs’ failure to join the Roland Plaintiffs as party-plaintiffs should result in dismissal of these two claims.

2015A dismissal under Rule 12(b)(7) is not considered to be on the merits and is without prejudice.’ Id. at 453–54, 183 S.E.2d at 838 (quoting 5 Wright & Miller, Federal Practice and Procedure, § 1359, pp. 628, 631). {20} Defendants contend that Roland and his Window World franchisees are necessary parties to Count 1 and 2 in the Lomax Action, and that the Lomax/Gillette Plaintiffs’ failure to join the Roland Plaintiffs as party-plaintiffs should result in dismissal of these two claims.

12015–2015
Conyers v. New Hanover County Schools green
ncctapp · 2008
2 sentences

2014This, in turn, violates the guiding principle and primary intent of the statute—obtaining “results that are fair and just to both employer and employee.” Conyers, 188 N.C.

2014App. at 256 , 654 S.E.2d at 748 .

12014–2014
Winborne v. Winborne green
ncctapp · 1979
1 sentence

2003Winborne, id.

12003–2003
Matter of Jones green
ncctapp · 1983
1 sentence

1999In re Jones, 62 N.C.

11999–1999
Beaman v. Beaman green
ncctapp · 1985
2 sentences

1991In Beaman v. Beaman, 77 N.C.App. 717 , 336 S.E.2d 129 (1985), this Court, in looking at the dependent spouse's income alone, affirmed the trial court's awarding of attorney fees.

1991In Beaman v. Beaman, 77 N.C.App. 717 , 336 S.E.2d 129 (1985), this Court, in looking at the dependent spouse's income alone, affirmed the trial court's awarding of attorney fees.

11991–1991
Towne v. Eisner green
scotus · 1918
2 sentences

1984Towne v. Eisner, 245 U.S. 418 , 62 L.Ed. 372 .

1984Towne v. Eisner, 245 U.S. 418 , 62 L.Ed. 372 .

11984–1984
Long v. Branham green
nc · 1967
2 sentences

1983The guiding principle in the construction of restrictive covenants is as follows: *734 While the intentions of the parties to restrictive covenants ordinarily control the construction of the covenants, e.g., Long v. Branham, 271 N.C. 264 , 156 S.E. 2d 235 (1967), see generally, J.

1983The guiding principle in the construction of restrictive covenants is as follows: *734 While the intentions of the parties to restrictive covenants ordinarily control the construction of the covenants, e.g., Long v. Branham, 271 N.C. 264 , 156 S.E. 2d 235 (1967), see generally, J.

11983–1983
Cummings v. Dosam, Inc. green
nc · 1968
2 sentences

1983Webster, Real Estate Law in North Carolina § 346 (1971), such covenants are not favor[e]d by the law, e.g., Cummings v. Dosam, Inc., 273 N.C. 28 , 159 S.E. 2d 513 (1968), and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land.

1983Webster, Real Estate Law in North Carolina § 346 (1971), such covenants are not favor[e]d by the law, e.g., Cummings v. Dosam, Inc., 273 N.C. 28 , 159 S.E. 2d 513 (1968), and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land.

11983–1983
Efird v. Efird neutral
nc · 1951
2 sentences

1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951).

1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951).

11980–1980
Kale v. Forrest green
nc · 1971
2 sentences

1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951).

1980Kale v. Forrest, 278 N.C. 1 , 178 S.E. 2d 622 (1971); Efird v. Efird, 234 N.C. 607 , 68 S.E. 2d 279 (1951).

11980–1980
McKeiver v. Pennsylvania green
scotus · 1971
2 sentences

1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969).

1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969).

11975–1975
In Re Burrus green
nc · 1969
2 sentences

1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969).

1975McKeiver v. Pennsylvania, 403 U.S. 528 , 29 L.Ed. 2d 647 , 91 S.Ct. 1976 (1971), aff'g sub nom, 275 N.C. 517 , 169 S.E. 2d 879 (1969).

11975–1975
Shepherd v. Shepherd green
nc · 1968
2 sentences

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

11973–1973
Brake v. Van Mills green
nc · 1967
2 sentences

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

11973–1973
Wilson v. Wilson green
nc · 1967
2 sentences

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

1973Shepherd v. Shepherd, 273 N.C. 71 , 159 S. E.2d 357 ; Brake v. Mills, 270 N.C. 441 , 154 S.E.2d 526 ; Wilson v. Wilson, 269 N. C. 676 , 153 S.E.2d 349 ; Lee, North Carolina Family Law, § 224.

11973–1973
Clark v. Connor green
nc · 1960
11971–1971
Olive v. Biggs green
nc · 1970
2 sentences

1971Olive v. Biggs, 276 N.C. 445 , 173 S.E. 2d 301 (1970) ; Clark v. Connor, 253 N.C. 515 , 117 S.E. 2d 465 (1960).

1971Olive v. Biggs, 276 N.C. 445 , 173 S.E. 2d 301 (1970) ; Clark v. Connor, 253 N.C. 515 , 117 S.E. 2d 465 (1960).

11971–1971
In Re the Custody of Pitts green
ncctapp · 1968
11969–1969

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 50-13.2 (5) NC § N.C. Gen. Stat. § 50-13.5 (3)

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.

Where else courts name it

NJ 216 (1953–2026) CA 171 (1941–2026) NY 162 (1887–2026) TX 137 (1947–2025) IL 124 (1960–2026) PA 98 (1919–2025) WA 83 (1937–2025) MA 79 (1930–2024) TN 68 (1984–2024) CT 52 (1946–2024) MI 50 (1957–2025) DC 43 (1971–2024) FL 43 (1915–2025) NM 42 (1937–2024) OH 37 (1965–2024) MO 36 (1913–2018) AR 35 (1948–2026) MN 35 (1940–2023) WV 35 (1895–2022) MD 33 (1926–2026) VA 32 (1932–2024) AL 30 (1929–2013) WI 29 (1959–2025) KS 28 (1937–2026) CO 28 (1969–2025) IN 27 (1924–2023) LA 26 (1908–2017) NC 25 (1969–2025) AZ 23 (1964–2025) OR 18 (1931–2018) IA 18 (1927–2024) UT 17 (1919–2023) KY 16 (1940–2025) MT 15 (1937–2025) DE 14 (1956–2023) ME 13 (1948–2021) RI 13 (1979–2024) NH 12 (1974–2024) AK 11 (1988–2024) HI 11 (1960–2024) SC 10 (1998–2025) MS 10 (1969–2023) OK 9 (1906–2024) VT 9 (1974–2020) GA 8 (1938–2023) WY 8 (1951–2025) NE 7 (1927–2013) ID 6 (1990–2023) NV 5 (1952–2011) ND 5 (1918–1992) SD 4 (1974–2015) VI 2 (2006–2010)

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.

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