just rule (North Carolina) · Go Syfert
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just rule in North Carolina

10 North Carolina opinions name it 3 courts 1897–2022 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.

Followed or applied (2)

CaseFollowedCited
Burnett v. New York Central Railroadgreen
scotus · 1965 · cited in 1 North Carolina opinions naming this issue, 2001–2001
2 sentences

2001Id. at 428 , 85 S.Ct. at 1054 , 13 L.Ed.2d at 945 (internal quotation marks omitted).

2001Id. at 428 , 85 S.Ct. at 1054 , 13 L.Ed.2d at 945 (internal quotation marks omitted).

11
Richmond v. Ironsgreen
scotus · 1887 · cited in 1 North Carolina opinions naming this issue, 1932–1932
2 sentences

1932See Richmond v. Irons, 121 U. S., 27 , 30 L.

1932See Richmond v. Irons, 121 U. S., 27 , 30 L.

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 (11)

CaseCitedYears
Bauer v. Douglas Aquatics, Inc. green
ncctapp · 2010
1 sentence

2022See, e.g., Dow-Rein, 2022-NCCOA-101, ¶ 12; Bauer, 207 N.C.

12022–2022
Williams v. Frederickson Motor Express Lines, Inc. neutral
nc · 1930
2 sentences

1963Judge Brogden, after giving his approval to the rule, immediately said: "However, it is not necessary to apply the rule strictly in order to defeat recovery in the present case." That Justice Brogden did not understand that the Court had committed itself to the approval of the rule announced by the courts of Michigan and the other states referred to in the opinion is also evidenced by his opinion written two years later in Williams v. Frederickson Motor Express Lines, 198 N.C. 193 , 151 S.E. 197 .

1963Judge Brogden, after giving his approval to the rule, immediately said: "However, it is not necessary to apply the rule strictly in order to defeat recovery in the present case." That Justice Brogden did not understand that the Court had committed itself to the approval of the rule announced by the courts of Michigan and the other states referred to in the opinion is also evidenced by his opinion written two years later in Williams v. Frederickson Motor Express Lines, 198 N.C. 193 , 151 S.E. 197 .

11963–1963
Miller v. . Pierce neutral
nc · 1889
1 sentence

1958This is a just rule, and in proper cases will be applied to prevent injustice.” Shepherd, J. (later C.J.), writing in Miller v. Pierce, 104 N.C. 389 , said.

11958–1958
Conyard v. Life & Casualty Insurance neutral
nc · 1933
2 sentences

1934Conyard v. Ins. *729 Co., 204 N. C., 506 , 168 S. E., 835 .

1934Conyard v. Ins. *729 Co., 204 N. C., 506 , 168 S. E., 835 .

11934–1934
Whitlock v. . Alexander neutral
nc · 1912
1 sentence

1916This just principle is recognized by Chief Justice Clark in Edwards v. Supply Co., supra; by Mr. Justice Manning in Powell v. Lumber Co., 153 N. C., 56 , quoting from Edwards v. Supply Co., and by Mr. Justice Hoke in Whitlock v. Alexander, 160 N. C., 479 .

11916–1916
Edwards v. Snow Hill Supply Co. green
nc · 1909
1 sentence

1916This just principle is recognized by Chief Justice Clark in Edwards v. Supply Co., supra; by Mr. Justice Manning in Powell v. Lumber Co., 153 N. C., 56 , quoting from Edwards v. Supply Co., and by Mr. Justice Hoke in Whitlock v. Alexander, 160 N. C., 479 .

11916–1916
Mullen v. Lake Drummond Canal & Water Co. neutral
· 1902
1 sentence

1908Mullen v. Canal Co., supra; Parker v. R.

11908–1908
State v. . Brown neutral
nc · 1853
1 sentence

1907State v. Brown, 46 N. C., 129 ; Ward v. Bell, 52 N. C., 79 ; State v. Edwards, 110 N. C., 511 .

11907–1907
Ward v. . Bell neutral
nc · 1859
1 sentence

1907State v. Brown, 46 N. C., 129 ; Ward v. Bell, 52 N. C., 79 ; State v. Edwards, 110 N. C., 511 .

11907–1907
State v. . Edwards neutral
nc · 1892
1 sentence

1907State v. Brown, 46 N. C., 129 ; Ward v. Bell, 52 N. C., 79 ; State v. Edwards, 110 N. C., 511 .

11907–1907
Killebrew v. . Hines green
nc · 1889
1 sentence

1897This takes the case at bar clearly out of the rule laid down in Killebrew v. Hines, 104 N. C., 182 , so strongly relied on by the plaintiff That case, while maintaining the just principle that a mortgagee cannot enter and-take possession of growing crops to the prejudice of pre-existing mortgagees or lienees, clearly recognizes the right of the mortgagee to enter upon condition broken, and this right is sustained bj^ every authority cited therein.

11897–1897

Where else courts name it

CA 110 (1873–2025) NY 84 (1857–2022) TX 63 (1874–2021) MT 47 (1888–2026) MO 43 (1869–2015) LA 37 (1882–2025) PA 36 (1832–1974) AZ 34 (1916–2026) AL 30 (1856–2007) CT 28 (1852–2024) MI 25 (1892–2022) IL 22 (1884–1993) IA 20 (1872–1997) KS 19 (1897–2019) NJ 18 (1862–1999) OR 14 (1880–2022) MS 14 (1918–2013) KY 13 (1840–2023) IN 13 (1862–1999) NC 10 (1897–2022) GA 10 (1928–2016) TN 9 (1916–2004) WA 9 (1917–1973) WV 9 (1885–1970) WI 9 (1841–2011) OH 9 (1871–2000) MA 7 (1845–1993) AR 6 (1878–2016) SC 6 (1951–2005) OK 6 (1912–1956) NE 5 (1899–1961) ME 5 (1850–1996) FL 5 (1878–1952) MD 4 (1904–2005) CO 4 (1898–2019) RI 4 (1906–2001) SD 4 (1900–2004) VA 4 (1911–1992) DE 4 (1930–1995) MN 4 (1895–1973) DC 3 (1910–2014) NM 2 (1916–1937) VT 2 (1868–1923) ND 2 (1903–1992) UT 2 (1918–2024)

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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