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17 North Carolina opinions name it 2 courts 1912–2026 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 |
|---|---|---|
In Re Custody of Stancilgreen2 sentences2016In re Custody of Stancil, 10 N.C.App. 545 , 179 S.E.2d 844 (1971). 2016In re Custody of Stancil, 10 N.C.App. 545 , 179 S.E.2d 844 (1971). | 2 | 2 |
Bradford v. Kellygreen2 sentences2004Cf. Keith v. Glenn, 262 N.C. 284, 286 , 136 S.E.2d 665, 667 (1964) ("[A] settlement, made without insured's assent or subsequent ratification, while protecting the insurer from further claims, would not bind the insured."); Bradford v. Kelly, 260 N.C. 382, 384 , 132 S.E.2d 886, 887-88 (1963) ("However, it is now settled law in this State that the exercise of this privilege by the insurer [to settle claims brought against the insured] will not bar the right of the insured, or anyone covered by his policy, to sue the releasor for his damages where he has neither ratified nor consented to such se 2004Cf. Keith v. Glenn, 262 N.C. 284, 286 , 136 S.E.2d 665, 667 (1964) ("[A] settlement, made without insured's assent or subsequent ratification, while protecting the insurer from further claims, would not bind the insured."); Bradford v. Kelly, 260 N.C. 382, 384 , 132 S.E.2d 886, 887-88 (1963) ("However, it is now settled law in this State that the exercise of this privilege by the insurer [to settle claims brought against the insured] will not bar the right of the insured, or anyone covered by his policy, to sue the releasor for his damages where he has neither ratified nor consented to such se | 2 | 2 |
International Shoe Co. v. Washingtongreen2 sentences1976(Citations omitted.)” (Emphasis added.) International Shoe Co. v. Washington, Id. 1965The exercise of that privilege may give rise to obligations, and, so far as those obligations arise out of and are connected with the activities within the state, a procedure which requires the corporation to respond to a suit brought to enforce them can, in most instances, hardly be said to be undue.” International Shoe Co. v. Washington, supra. *57 (3). | 1 | 2 |
Alaska Steamship Co. v. Pettersongreen1 sentence2010Ed 2d at 674;) that counsel's obligation to consult "does not require counsel to obtain the defendant's consent to `every tactical decision;'" Nixon, 543 U.S. at 187 , 125 S.Ct. at 560 , 160 L.Ed.2d at 578 (quoting Taylor v. Illinois, 484 U.S. 400, 417-18 , 108 S.Ct. 646, 657-58 , 98 L.Ed.2d 798, 816 (1988); and that "certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate," including the right to plead guilty, waive a jury trial, testify on his or her own behalf, or note an appeal. | 1 | 1 |
Keith v. Glenngreen2 sentences2004Cf. Keith v. Glenn, 262 N.C. 284, 286 , 136 S.E.2d 665, 667 (1964) ("[A] settlement, made without insured's assent or subsequent ratification, while protecting the insurer from further claims, would not bind the insured."); Bradford v. Kelly, 260 N.C. 382, 384 , 132 S.E.2d 886, 887-88 (1963) ("However, it is now settled law in this State that the exercise of this privilege by the insurer [to settle claims brought against the insured] will not bar the right of the insured, or anyone covered by his policy, to sue the releasor for his damages where he has neither ratified nor consented to such se 2004Cf. Keith v. Glenn, 262 N.C. 284, 286 , 136 S.E.2d 665, 667 (1964) ("[A] settlement, made without insured's assent or subsequent ratification, while protecting the insurer from further claims, would not bind the insured."); Bradford v. Kelly, 260 N.C. 382, 384 , 132 S.E.2d 886, 887-88 (1963) ("However, it is now settled law in this State that the exercise of this privilege by the insurer [to settle claims brought against the insured] will not bar the right of the insured, or anyone covered by his policy, to sue the releasor for his damages where he has neither ratified nor consented to such se | 1 | 1 |
Phillips v. Alstongreen2 sentences2000Bradford v. Kelly, 260 N.C. 382, 383-84 , 132 S.E.2d 886, 887-88 (1963) (citations omitted). “[A] liability carrier cannot impair the rights of the insured by settling his claim without his authority.” Phillips v. Alston, 257 N.C. 255, 259 , 125 S.E.2d 580, 583 (1962). 2000Bradford v. Kelly, 260 N.C. 382, 383-84 , 132 S.E.2d 886, 887-88 (1963) (citations omitted). “[A] liability carrier cannot impair the rights of the insured by settling his claim without his authority.” Phillips v. Alston, 257 N.C. 255, 259 , 125 S.E.2d 580, 583 (1962). | 1 | 1 |
Guerra v. Packardgreen2 sentences1991It is as competent for one to acquire a prescriptive easement of a passway burdened with gates as to acquire one unburdened. 2 Thompson on Real Property § 347, at 249 (1980); see Guerra v. Packard, 236 Cal.App.2d 272 , 46 Cal.Rptr. 25 (1965) (a locked gate did not constitute an interference or interruption to plaintiffs' use of the roadway). 1991It is as competent for one to acquire a prescriptive easement of a passway burdened with gates as to acquire one unburdened. 2 Thompson on Real Property § 347, at 249 (1980); see Guerra v. Packard, 236 Cal.App.2d 272 , 46 Cal.Rptr. 25 (1965) (a locked gate did not constitute an interference or interruption to plaintiffs' use of the roadway). | 1 | 1 |
Griffin v. Californiagreen2 sentences1984See Griffin v. California, 380 U.S. 609 , 14 L.Ed.2d 106 , 85 S.Ct. 1229 . 1984See Griffin v. California, 380 U.S. 609 , 14 L.Ed.2d 106 , 85 S.Ct. 1229 . | 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. Pickens
green
2 sentences2026Difficulties arise “when a witness is presented and then refuses to testify by asserting his Fifth Amendment privilege” because “it permits the party calling the witness to build or support his case out of improper speculation or inferences that the jury may draw from the witness’ exercise of the privilege, which cannot be adequately corrected by trial court instruction.” Pickens, 346 N.C. at 639 , 488 S.E.2d at 168 . 2026Difficulties arise “when a witness is presented and then refuses to testify by asserting his Fifth Amendment privilege” because “it permits the party calling the witness to build or support his case out of improper speculation or inferences that the jury may draw from the witness’ exercise of the privilege, which cannot be adequately corrected by trial court instruction.” Pickens, 346 N.C. at 639 , 488 S.E.2d at 168 . | 1 | 2026–2026 |
Florida v. Nixon
green
2 sentences2010Ed 2d at 674;) that counsel's obligation to consult "does not require counsel to obtain the defendant's consent to `every tactical decision;'" Nixon, 543 U.S. at 187 , 125 S.Ct. at 560 , 160 L.Ed.2d at 578 (quoting Taylor v. Illinois, 484 U.S. 400, 417-18 , 108 S.Ct. 646, 657-58 , 98 L.Ed.2d 798, 816 (1988); and that "certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate," including the right to plead guilty, waive a jury trial, testify on his or her own behalf, or note an appeal. 2010Ed 2d at 674;) that counsel's obligation to consult "does not require counsel to obtain the defendant's consent to `every tactical decision;'" Nixon, 543 U.S. at 187 , 125 S.Ct. at 560 , 160 L.Ed.2d at 578 (quoting Taylor v. Illinois, 484 U.S. 400, 417-18 , 108 S.Ct. 646, 657-58 , 98 L.Ed.2d 798, 816 (1988); and that "certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate," including the right to plead guilty, waive a jury trial, testify on his or her own behalf, or note an appeal. | 1 | 2010–2010 |
Taylor v. Illinois
green
2 sentences2010Ed 2d at 674;) that counsel's obligation to consult "does not require counsel to obtain the defendant's consent to `every tactical decision;'" Nixon, 543 U.S. at 187 , 125 S.Ct. at 560 , 160 L.Ed.2d at 578 (quoting Taylor v. Illinois, 484 U.S. 400, 417-18 , 108 S.Ct. 646, 657-58 , 98 L.Ed.2d 798, 816 (1988); and that "certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate," including the right to plead guilty, waive a jury trial, testify on his or her own behalf, or note an appeal. 2010Ed 2d at 674;) that counsel's obligation to consult "does not require counsel to obtain the defendant's consent to `every tactical decision;'" Nixon, 543 U.S. at 187 , 125 S.Ct. at 560 , 160 L.Ed.2d at 578 (quoting Taylor v. Illinois, 484 U.S. 400, 417-18 , 108 S.Ct. 646, 657-58 , 98 L.Ed.2d 798, 816 (1988); and that "certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate," including the right to plead guilty, waive a jury trial, testify on his or her own behalf, or note an appeal. | 1 | 2010–2010 |
Namet v. United States
green
2 sentences1997Id. at 1148 (citing, e.g., Namet v. United States, 373 U.S. 179 , 10 L. 1997Id. at 1148 (citing, e.g., Namet v. United States, 373 U.S. 179 , 10 L. | 1 | 1997–1997 |
Douglas v. Alabama
green
2 sentences1997Id. (citing, e.g., Douglas v. Alabama, 380 U.S. 415 , 13 L. 1997Id. (citing, e.g., Douglas v. Alabama, 380 U.S. 415 , 13 L. | 1 | 1997–1997 |
Bradley v. Wingo
green
1 sentence1997Id. at 1148 (citing, e.g., Namet v. United States, 373 U.S. 179 , 10 L. | 1 | 1997–1997 |
City of New York v. Eastway Construction Corp.
green
2 sentences1988State v. Robbins, 319 N.C. 465, 505 , 356 S.E.2d 279, 303 , cert. denied, ___ U.S. ___, 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987). 1988State v. Robbins, 319 N.C. 465, 505 , 356 S.E. 2d 279, 303 , cert.1 denied, --- U.S. ---, 98 L.Ed. 2d 226 (1987). | 1 | 1988–1988 |
Arkansas v. Pickens
green
1 sentence1988State v. Robbins, 319 N.C. 465, 505 , 356 S.E.2d 279, 303 , cert. denied, ___ U.S. ___, 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987). | 1 | 1988–1988 |
State v. Robbins
green
2 sentences1988State v. Robbins, 319 N.C. 465, 505 , 356 S.E.2d 279, 303 , cert. denied, ___ U.S. ___, 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987). 1988State v. Robbins, 319 N.C. 465, 505 , 356 S.E.2d 279, 303 , cert. denied, ___ U.S. ___, 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987). | 1 | 1988–1988 |
Coulter v. Capitol Finance Company
green
2 sentences1972(Citing Coulter v. Capitol Finance Company, 266 N.C. 214 , 146 S.E. 2d 97 .) Also, a provision that notice of the exercise of the privilege or option of renewing the lease should be given to the lessor in a certain mode, as in writing or by mail or registered mail, or within a certain time before the termination of the lease, may be waived. 1972(Citing Coulter v. Capitol Finance Company, 266 N.C. 214 , 146 S.E. 2d 97 .) Also, a provision that notice of the exercise of the privilege or option of renewing the lease should be given to the lessor in a certain mode, as in writing or by mail or registered mail, or within a certain time before the termination of the lease, may be waived. | 1 | 1972–1972 |
Beauchamp v. Clark
green
2 sentences1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . 1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . | 1 | 1963–1963 |
Campbell v. Brown
neutral
2 sentences1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . 1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . | 1 | 1963–1963 |
Lampley v. Bell
green
2 sentences1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . 1963Lampley v. Bell, 250 N.C. 713 , 110 S.E. 2d 316 ; Beauchamp v. Clark, 250 N.C. 132 , 108 S.E. 2d 535 ; Campbell v. Brown, 251 N.C. 214 , 110 S.E. 2d 897 ; 38 N.C.L., Rev., 81 and 570; 32 A.L.R. 2d 937 . | 1 | 1963–1963 |
Evans v. ASHEVILLE CITIZEN TIMES COMPANY
green
2 sentences1962Evans v. Times Co., 246 N.C. 669 , 100 S.E. 2d 75 . 1962Evans v. Times Co., 246 N.C. 669 , 100 S.E. 2d 75 . | 1 | 1962–1962 |
Anthony v. American Express Co.
green
2 sentences1952On the other hand the carrier, who simply substitutes, with the consent of the State, another in his place, cannot establish his own right of exemption from responsibility for the wrongs of the substitute unless he can show, not only explicit authority to lease the property, but to rid itself of such responsibility.” We have not overlooked the decision in Anthony v. Express Co., 188 N.C. 407 , 124 S.E. 753 , cited and relied upon by the appellants. 1952On the other hand the carrier, who simply substitutes, with the consent of the State, another in his place, cannot establish his own right of exemption from responsibility for the wrongs of the substitute unless he can show, not only explicit authority to lease the property, but to rid itself of such responsibility.” We have not overlooked the decision in Anthony v. Express Co., 188 N.C. 407 , 124 S.E. 753 , cited and relied upon by the appellants. | 1 | 1952–1952 |
Harrington v. Commissioners of Wadesboro
green
1 sentence1912S. v. Corpening, 157 N. C., 623 ; Harrington v. Wadesboro, 153 N. C., 437 ; Horah v. Knox, 87 N. C., 483 . | 1 | 1912–1912 |
Horah v. . Knox
green
1 sentence1912S. v. Corpening, 157 N. C., 623 ; Harrington v. Wadesboro, 153 N. C., 437 ; Horah v. Knox, 87 N. C., 483 . | 1 | 1912–1912 |
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.