face hearing (North Carolina) · Go Syfert
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face hearing in North Carolina

18 North Carolina opinions name it 3 courts 1912–2019 0 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 (1)

CaseFollowedCited
Rowe v. Rowegreen
ncctapp · 1981 · cited in 1 North Carolina opinions naming this issue, 1981–1981
1 sentence

1981(Citations omitted.) In the face of this presumption, a party opposing modification must establish by a preponderance of the evidence that the provision for alimony contained in the [consent judgment] . . . was intended by the parties to be only a part of their overall property settlement. *551 Rowe v. Rowe, supra at 658, 280 S.E. 2d at 189 (emphasis added).

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 (16)

CaseCitedYears
State v. . Burton neutral
· 1886
2 sentences

1954S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 . ‘To make the statements of others evidence against one on the ground of his implied admission of their truth by silent acquiescence, they must be made on an occasion when a reply from him might be properly expected.

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

91931–1954
State v. . Bowman green
nc · 1879
2 sentences

1954S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 . ‘To make the statements of others evidence against one on the ground of his implied admission of their truth by silent acquiescence, they must be made on an occasion when a reply from him might be properly expected.

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

91931–1954
Merrill v. National Bank of Jacksonville green
scotus · 1899
2 sentences

1934We find that it is said in Bank v. Flippen, supra, pp. 335-6: “When such dividends, added to any sums collected by the creditor from collateral, shall have paid the debt in full, then dividends of course must cease, and the uncollected collateral delivered to the receiver. . . . *643 In Merrill v. Bank, 173 U. S., 131 , tbe Supreme Court of the United States holds that ‘A secured creditor of an insolvent bank may prove and receive dividends upon the face of his claim as it stood at the time of the declaration of insolvency, without crediting either his col-laterals or collections made therefro

1912In Merrill v. Bank, 173 U. S., 131 , the Supreme Court of the United States holds that “A secured creditor of an insolvent *336 bank may prove and receive dividends upon the face of his claim as it stood at the time of the declaration of insolvency, without crediting either his collaterals or collections made therefrom, after such' declaration, subject always to the proviso that dividends must cease when, from them and from collaterals realized, the claim has been paid in full.” The above, we think, is a succinct and correct synopsis of the great weight of authority.

21912–1934
United States v. Sanford green
scotus · 1976
2 sentences

2019In United States v. Sanford , the Court confirmed that "[t]he Government's right to retry the defendant, after a mistrial, in the face of his claim of double jeopardy is generally governed by the test laid down in Perez .... " 429 U.S. 14 , 16, 97 S. Ct. 20 , 21, 50 L.

2019In United States v. Sanford , the Court confirmed that "[t]he Government's right to retry the defendant, after a mistrial, in the face of his claim of double jeopardy is generally governed by the test laid down in Perez .... " 429 U.S. 14 , 16, 97 S. Ct. 20 , 21, 50 L.

12019–2019
Knight v. Cannon Mills Co. green
ncctapp · 1986
1 sentence

2010In sum, voluntary payment of medical expenses, standing alone, "cannot in any sense be deemed an admission of liability." Knight v. Cannon Mills Co. , 82 N.C.

12010–2010
Towne v. Cope green
ncctapp · 1977
1 sentence

1990Id.

11990–1990
Responsible Citizens in Opposition to the Flood Plain Ordinance v. City of Asheville green
nc · 1983
2 sentences

1989Responsible Citizens, 308 N.C. 255, 265 , 302 S.E.2d 204, 210 .

1989Responsible Citizens, 308 N.C. 255, 265 , 302 S.E.2d 204, 210 .

11989–1989
Intercraft Industries Corp. v. Morrison green
nc · 1982
2 sentences

1983He relies on the discussion of good cause in Intercraft Industries Corp. v. Morrison, 305 N.C. 373 , 289 S.E. 2d 357 (1982) wherein the following appears: “[I]t is generally recognized that chronic or persistent absenteeism, in the face of warnings, and without good cause may constitute wilful misconduct.” (Emphasis supplied.) Id. at 375 , 289 S.E. 2d at 359 .

1983He relies on the discussion of good cause in Intercraft Industries Corp. v. Morrison, 305 N.C. 373 , 289 S.E. 2d 357 (1982) wherein the following appears: “[I]t is generally recognized that chronic or persistent absenteeism, in the face of warnings, and without good cause may constitute wilful misconduct.” (Emphasis supplied.) Id. at 375 , 289 S.E. 2d at 359 .

11983–1983
White v. White green
nc · 1979
2 sentences

1981White v. White, 296 N.C. at 672 , 252 S.E.2d at 704 .

1981White v. White, 296 N.C. at 672 , 252 S.E.2d at 704 .

11981–1981
State v. . Hawkins green
nc · 1938
2 sentences

1950State v. Burton, 94 N.C. 947 ; State v. Bowman, 80 N.C. 432 ." [ 205 N.C. 376 , 171 S.E. 338, 339 .] "The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting in inference of the truth of such statements." State v. Hawkins, supra, [ 214 N.C. 326 , 199 S.E. 284, 287 ].

1950State v. Burton, 94 N.C. 947 ; State v. Bowman, 80 N.C. 432 ." [ 205 N.C. 376 , 171 S.E. 338, 339 .] "The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting in inference of the truth of such statements." State v. Hawkins, supra, [ 214 N.C. 326 , 199 S.E. 284, 287 ].

11950–1950
State v. . Spencer green
nc · 1918
2 sentences

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

11950–1950
Reid v. . Barnhart neutral
nc · 1853
1 sentence

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

11950–1950
State v. . Walton neutral
nc · 1916
2 sentences

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

1950S. v. Burton, 94 N.C. 947 ; S. v. Bowman, 80 N.C. 432 .” “The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting an inference of the truth of such statements.” S. v. Hawkins, supra. The cases of S. v. Spencer, 176 N.C. 709 , 97 S.E. 155 ; S. v. Walton, 172 N.C. 931 , 90 S.E. 518 , and Reid v. Barnhart, 54 N.C. 142 , cited and relied upon by the Attorney-General, are not in conflict with the above.

11950–1950
State v. . Wilson neutral
nc · 1933
2 sentences

1950State v. Burton, 94 N.C. 947 ; State v. Bowman, 80 N.C. 432 ." [ 205 N.C. 376 , 171 S.E. 338, 339 .] "The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting in inference of the truth of such statements." State v. Hawkins, supra, [ 214 N.C. 326 , 199 S.E. 284, 287 ].

1950State v. Burton, 94 N.C. 947 ; State v. Bowman, 80 N.C. 432 ." [ 205 N.C. 376 , 171 S.E. 338, 339 .] "The general rule is that statements made to or in the presence and hearing of a person, accusing him of the commission of or complicity in a crime, are, when not denied, admissible in evidence against him as warranting in inference of the truth of such statements." State v. Hawkins, supra, [ 214 N.C. 326 , 199 S.E. 284, 287 ].

11950–1950
Boney & Harper Milling Co. v. J. C. Stevenson Co. neutral
nc · 1913
1 sentence

1934We find that it is said in Bank v. Flippen, supra, pp. 335-6: “When such dividends, added to any sums collected by the creditor from collateral, shall have paid the debt in full, then dividends of course must cease, and the uncollected collateral delivered to the receiver. . . . *643 In Merrill v. Bank, 173 U. S., 131 , tbe Supreme Court of the United States holds that ‘A secured creditor of an insolvent bank may prove and receive dividends upon the face of his claim as it stood at the time of the declaration of insolvency, without crediting either his col-laterals or collections made therefro

11934–1934
Merchants National Bank v. Flippen neutral
nc · 1912
1 sentence

1934We find that it is said in Bank v. Flippen, supra, pp. 335-6: “When such dividends, added to any sums collected by the creditor from collateral, shall have paid the debt in full, then dividends of course must cease, and the uncollected collateral delivered to the receiver. . . . *643 In Merrill v. Bank, 173 U. S., 131 , tbe Supreme Court of the United States holds that ‘A secured creditor of an insolvent bank may prove and receive dividends upon the face of his claim as it stood at the time of the declaration of insolvency, without crediting either his col-laterals or collections made therefro

11934–1934

Where else courts name it

MO 113 (1907–2025) CA 98 (1871–2025) PA 64 (1909–2024) TX 63 (1931–2025) OR 56 (1918–2025) IA 54 (1939–2026) LA 46 (1933–2023) NY 44 (1882–2017) IL 44 (1974–2024) WY 30 (1925–2026) NJ 27 (1905–2022) FL 27 (1954–2024) MI 24 (1903–2025) CT 24 (1941–2017) UT 21 (1946–2025) MT 20 (1935–2024) IN 20 (1877–2023) MD 18 (1969–2016) MA 18 (1932–2022) NC 18 (1912–2019) GA 17 (1940–2018) AL 17 (1922–2026) MS 16 (1893–2020) DC 15 (1973–2011) WA 14 (1913–2019) OK 13 (1932–2001) OH 13 (1919–2023) TN 12 (1908–2020) VT 11 (1959–2026) NM 11 (1965–2011) WI 11 (1901–2001) MN 10 (1908–2014) CO 9 (1965–2020) ID 9 (1941–2023) KY 7 (1957–2026) KS 7 (1933–2022) AZ 7 (1970–2015) AR 6 (1917–2006) NE 6 (1903–1996) RI 6 (1968–2017) HI 6 (1994–2023) WV 6 (1897–1989) ND 5 (1975–2022) VA 5 (1940–2026) ME 4 (1995–2016) DE 4 (1973–2020) SD 3 (1944–1998) AK 2 (1979–1995)

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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