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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.
| Case | Followed | Cited |
|---|---|---|
Rowe v. Rowegreen1 sentence1981(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). | 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 |
|---|---|---|
State v. . Burton
neutral
2 sentences1954S. 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. | 9 | 1931–1954 |
State v. . Bowman
green
2 sentences1954S. 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. | 9 | 1931–1954 |
Merrill v. National Bank of Jacksonville
green
2 sentences1934We 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. | 2 | 1912–1934 |
United States v. Sanford
green
2 sentences2019In 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. | 1 | 2019–2019 |
Knight v. Cannon Mills Co.
green
1 sentence2010In 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. | 1 | 2010–2010 |
Towne v. Cope
green
1 sentence1990Id. | 1 | 1990–1990 |
Responsible Citizens in Opposition to the Flood Plain Ordinance v. City of Asheville
green
2 sentences1989Responsible 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 . | 1 | 1989–1989 |
Intercraft Industries Corp. v. Morrison
green
2 sentences1983He 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 . | 1 | 1983–1983 |
White v. White
green
2 sentences1981White 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 . | 1 | 1981–1981 |
State v. . Hawkins
green
2 sentences1950State 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 ]. | 1 | 1950–1950 |
State v. . Spencer
green
2 sentences1950S. 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. | 1 | 1950–1950 |
Reid v. . Barnhart
neutral
1 sentence1950S. 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. | 1 | 1950–1950 |
State v. . Walton
neutral
2 sentences1950S. 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. | 1 | 1950–1950 |
State v. . Wilson
neutral
2 sentences1950State 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 ]. | 1 | 1950–1950 |
Boney & Harper Milling Co. v. J. C. Stevenson Co.
neutral
1 sentence1934We 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 | 1 | 1934–1934 |
Merchants National Bank v. Flippen
neutral
1 sentence1934We 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 | 1 | 1934–1934 |
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.