Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
18 North Carolina opinions name it 2 courts 1953–2020 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 |
|---|---|---|
Davis v. Durham Mental Health/Development Disabilities/Substance Abuse Area Authoritygreen2 sentences2007When an appellant "fail[s] to include a narration of the evidence or a transcript with the record, we presume the findings at bar are supported by competent evidence." Davis, 165 N.C.App. at 112 , 598 S.E.2d at 245 . 2007When an appellant "fail[s] to include a narration of the evidence or a transcript with the record, we presume the findings at bar are supported by competent evidence." Davis, 165 N.C.App. at 112 , 598 S.E.2d at 245 . | 1 | 4 |
Wall Ex Rel. Wall v. Timberlakegreen2 sentences2020It is well-established that “we will not presume error from a silent record.” State v. Bond, 345 N.C. 1, 26 , 478 S.E.2d 163, 176 (1996); see also Wall v. Timberlake, 272 N.C. 731, 733 , 158 S.E.2d 780, 782 (1968) (“The appellate courts approve when the evidence is sufficient to warrant the findings and when error of law does not appear on the face of the record.”). 2020It is well-established that “we will not presume error from a silent record.” State v. Bond, 345 N.C. 1, 26 , 478 S.E.2d 163, 176 (1996); see also Wall v. Timberlake, 272 N.C. 731, 733 , 158 S.E.2d 780, 782 (1968) (“The appellate courts approve when the evidence is sufficient to warrant the findings and when error of law does not appear on the face of the record.”). | 1 | 2 |
State v. Charles Phillips Bondgreen2 sentences2020It is well-established that “we will not presume error from a silent record.” State v. Bond, 345 N.C. 1, 26 , 478 S.E.2d 163, 176 (1996); see also Wall v. Timberlake, 272 N.C. 731, 733 , 158 S.E.2d 780, 782 (1968) (“The appellate courts approve when the evidence is sufficient to warrant the findings and when error of law does not appear on the face of the record.”). 2020It is well-established that “we will not presume error from a silent record.” State v. Bond, 345 N.C. 1, 26 , 478 S.E.2d 163, 176 (1996); see also Wall v. Timberlake, 272 N.C. 731, 733 , 158 S.E.2d 780, 782 (1968) (“The appellate courts approve when the evidence is sufficient to warrant the findings and when error of law does not appear on the face of the record.”). | 1 | 1 |
Wurlitzer Distributing Corp. v. Schofieldgreen1 sentence1982See Distributing Corp. v. Schofield, 44 N.C. | 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 |
|---|---|---|
Huskins v. Yancey Hospital
green
2 sentences1965While this Court, when considering an appeal from an order granting an interlocutory injunction, is not bound by the lower court’s findings of fact, but has the power to weigh the evidence and review such findings, “(t)he Supreme Court nevertheless indulges the presumption that the findings of the hearing judge are correct, and requires the appellant to assign and show error in them.” (Our italics.) Huskins v. Hospital, 238 N.C. 357 , 362, 78 S.E. 2d 116 . 1965While this Court, when considering an appeal from an order granting an interlocutory injunction, is not bound by the lower court’s findings of fact, but has the power to weigh the evidence and review such findings, “(t)he Supreme Court nevertheless indulges the presumption that the findings of the hearing judge are correct, and requires the appellant to assign and show error in them.” (Our italics.) Huskins v. Hospital, 238 N.C. 357 , 362, 78 S.E. 2d 116 . | 3 | 1958–1965 |
Fellows v. Fellows
green
1 sentence2004Fellows, 27 N.C. | 1 | 2004–2004 |
State v. Thompson
green
2 sentences1988State v. Thompson, 309 N.C. 421 , 307 S.E. 2d 156 (1983). 1988State v. Thompson, 309 N.C. 421 , 307 S.E. 2d 156 (1983). | 1 | 1988–1988 |
State v. Ahearn
green
2 sentences1983Id. at 599 , 300 S.E. 2d at 698 . 1983Id. at 599 , 300 S.E. 2d at 698 . | 1 | 1983–1983 |
Malphurs v. . Ellington
green
1 sentence1968MacKay v. McIntosh, 270 N.C. 69 , 153 S.E. 2d 800 ; Jenkins v. Castelloe, 208 N.C. 406 , 181 S.E. 266 . | 1 | 1968–1968 |
Jenkins v. . Castelloe
green
1 sentence1968MacKay v. McIntosh, 270 N.C. 69 , 153 S.E. 2d 800 ; Jenkins v. Castelloe, 208 N.C. 406 , 181 S.E. 266 . | 1 | 1968–1968 |
MacKay v. McIntosh
green
2 sentences1968MacKay v. McIntosh, 270 N.C. 69 , 153 S.E. 2d 800 ; Jenkins v. Castelloe, 208 N.C. 406 , 181 S.E. 266 . 1968MacKay v. McIntosh, 270 N.C. 69 , 153 S.E. 2d 800 ; Jenkins v. Castelloe, 208 N.C. 406 , 181 S.E. 266 . | 1 | 1968–1968 |
Woodbury v. . Nu-Enamel Corp.
neutral
1 sentence1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Dorsey v. . Mining Co.
neutral
1 sentence1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Thompson v. . Smith
green
2 sentences1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou 1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Pack v. . Katzin
neutral
1 sentence1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Kenney v. Balsam Hotel Co.
neutral
2 sentences1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou 1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Dorsey v. North Carolina Talc & Mining Co.
green
1 sentence1958We are not unmindful of the holding of this Court in Thompson v. Smith, 156 N.C. 345 , 72 S.E. 379 : “If there is any evidence to support the findings and no error has been committed in receiving .or rejecting testimony, and no other question of law is raised with respect to the findings, we accept what the judge has found as final, as we do in the case of a jury.” And in Pack v. Katzin, 215 N.C. 233 , 1 S.E. 2d 566 , in passing on a referee’s findings, this Court said: "Thereupon, the adoption of these findings by the county court, approved by the superior court, would render the facts so fou | 1 | 1958–1958 |
Lance v. Cogdill
green
2 sentences1958We have a right to assume the trial court dissolved the order in the exercise of a sound discretion. “. . . ‘whether the court will dissolve an injunction on hearing the answer only, or will order the bill to stand over for proofs, much must depend upon the sound discretion of the judge who is to decide the question.’ . . . ‘But it is also a well settled rule that when by the answer the plaintiff’s whole equity is denied, and the statement in the answer is credible and exhibits no attempt to evade the material charges in the complaint, ... an injunction . . . will be dissolved.’ ” Lance v. Cog 1958We have a right to assume the trial court dissolved the order in the exercise of a sound discretion. “. . . ‘whether the court will dissolve an injunction on hearing the answer only, or will order the bill to stand over for proofs, much must depend upon the sound discretion of the judge who is to decide the question.’ . . . ‘But it is also a well settled rule that when by the answer the plaintiff’s whole equity is denied, and the statement in the answer is credible and exhibits no attempt to evade the material charges in the complaint, ... an injunction . . . will be dissolved.’ ” Lance v. Cog | 1 | 1958–1958 |
Hoskins v. Currin
green
2 sentences1957Hoskins v. Currin, 242 N.C. 432 , 88 S.E. 2d 228 . 1957Hoskins v. Currin, 242 N.C. 432 , 88 S.E. 2d 228 . | 1 | 1957–1957 |
Greene v. Spivey
green
2 sentences1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . 1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . | 1 | 1956–1956 |
Greene v. Mitchell County Board of Education
green
2 sentences1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . 1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . | 1 | 1956–1956 |
Wilson v. . Robinson
neutral
2 sentences1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . 1956Wyatt v. Sharp, supra; Greene v. Bd. of Education, 237 N.C. 336 , 75 S.E. 2d 129 ; Greene v. Spivey, 236 N.C. 435 , 73 S.E. 2d 488 ; Wilson v. Robinson, 224 N.C. 851 , 32 S.E. 2d 601 . | 1 | 1956–1956 |
Clinard v. Lambeth
green
2 sentences1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . 1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . | 1 | 1953–1953 |
Hyatt v. Dehart.
neutral
2 sentences1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . 1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . | 1 | 1953–1953 |
Plott v. . Comrs.
green
2 sentences1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . 1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . | 1 | 1953–1953 |
Sineath v. . Katzis
green
2 sentences1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . 1953Clinard v. Lambeth, 234 N.C. 410 , 67 S.E.2d 452 ; Sineath v. Katzis, 219 N.C. 434 , 14 S.E.2d 418 ; Castle v. Threadgill, supra; Plott v. Board of Com'rs, 187 N.C. 125 , 121 S.E. 190 ; Hyatt v. DeHart, 140 N.C. 270 , 52 S.E. 781 . | 1 | 1953–1953 |
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.