absence of a statutory requirement (North Carolina) · Go Syfert
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absence of a statutory requirement in North Carolina

9 North Carolina opinions name it 2 courts 1967–2005 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 (3)

CaseFollowedCited
State v. Lowrygreen
nc · 1965 · cited in 2 North Carolina opinions naming this issue, 1971–1971
2 sentences

1971In the absence of a statutory standard, what is a fair and reasonable time is within the discretion of the court.” State v. Lowry, 263 N.C. 536, 542 , 139 S.E. 2d 870, 875 (1965).

1971In the absence of a statutory standard, what is a fair and reasonable time is within the discretion of the court.” State v. Lowry, 263 N.C. 536, 542 , 139 S.E. 2d 870, 875 (1965).

12
State v. Higginsgreen
nc · 1966 · cited in 1 North Carolina opinions naming this issue, 1984–1984
2 sentences

1984See State v. Higgins, 266 N.C. 589 , 146 S.E. 2d 681 (1966) (affidavit referred to in warrant charging defendant upon information and belief with assault is not defective because affiant did not subscribe the affidavit); Alford v. McCormac, 90 N.C. 151 (1884) (affidavit is valid despite lack of affiant’s subscription if the oath was administered by one authorized to administer oaths).

1984See State v. Higgins, 266 N.C. 589 , 146 S.E. 2d 681 (1966) (affidavit referred to in warrant charging defendant upon information and belief with assault is not defective because affiant did not subscribe the affidavit); Alford v. McCormac, 90 N.C. 151 (1884) (affidavit is valid despite lack of affiant’s subscription if the oath was administered by one authorized to administer oaths).

11
Lowe v. Futrellgreen
nc · 1967 · cited in 1 North Carolina opinions naming this issue, 1977–1977
2 sentences

1977In the absence of a statutory requirement, ‘a motorist is required, when reasonably necessary, to blow his horn to give warning to travelers ahead.’ ” Lowe v. Futrell, 271 N.C. 550, 553 , 157 S.E. 2d 92, 95 (1967).

1977In the absence of a statutory requirement, ‘a motorist is required, when reasonably necessary, to blow his horn to give warning to travelers ahead.’ ” Lowe v. Futrell, 271 N.C. 550, 553 , 157 S.E. 2d 92, 95 (1967).

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 (5)

CaseCitedYears
Matter of Green green
ncctapp · 1984
2 sentences

2005"In the absence of a statutory requirement or rule of court to the contrary, it is ordinarily not necessary to the validity of a petition that it be signed or verified." In re Green, 67 N.C.App. at 503 , 313 S.E.2d at 194 .

2005"In the absence of a statutory requirement or rule of court to the contrary, it is ordinarily not necessary to the validity of a petition that it be signed or verified." In re Green, 67 N.C.App. at 503 , 313 S.E.2d at 194 .

22005–2005
Alford v. . McCormac green
nc · 1884
1 sentence

1984See State v. Higgins, 266 N.C. 589 , 146 S.E. 2d 681 (1966) (affidavit referred to in warrant charging defendant upon information and belief with assault is not defective because affiant did not subscribe the affidavit); Alford v. McCormac, 90 N.C. 151 (1884) (affidavit is valid despite lack of affiant’s subscription if the oath was administered by one authorized to administer oaths).

11984–1984
Edwards v. Board of Education of Yancey County green
nc · 1952
2 sentences

1983Edwards v. Board of Education, 235 N.C. 345 , 70 S.E. 2d 170 (1952).

1983Edwards v. Board of Education, 235 N.C. 345 , 70 S.E. 2d 170 (1952).

11983–1983
State v. Hollars green
nc · 1965
1 sentence

1976(Citation omitted.)’ ” State v. Hollars, supra at 51 , 145 S.E. 2d at 313 .

11976–1976
Guthrie v. . Gocking neutral
nc · 1940
2 sentences

1967In the absence of a statutory requirement, “a motorist is required, when reasonably necessary, to blow his horn to give warning to travelers ahead.” Guthrie v. Gocking, 217 N.C. 476 , 8 S.E. 2d 607 .

1967In the absence of a statutory requirement, “a motorist is required, when reasonably necessary, to blow his horn to give warning to travelers ahead.” Guthrie v. Gocking, 217 N.C. 476 , 8 S.E. 2d 607 .

11967–1967

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (3)

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.

Where else courts name it

TX 27 (1936–2025) CA 26 (1941–2023) NY 24 (1907–2025) CT 16 (1942–2026) PA 14 (1957–2020) IL 9 (1888–2017) MA 9 (1982–2009) NC 9 (1967–2005) NJ 8 (1950–2014) MD 8 (1962–2002) OR 8 (1954–2017) OH 7 (1921–2006) ND 7 (1986–2016) FL 5 (1931–2013) MN 5 (1921–2025) ME 5 (1934–2014) VA 5 (1968–2024) NM 5 (1981–2012) AL 5 (1982–2016) OK 5 (1926–1957) MI 5 (1955–2009) WV 4 (1980–1992) MO 4 (1906–1998) CO 4 (1975–2013) GA 3 (1936–1999) IA 3 (1982–2014) IN 3 (1962–2015) WY 3 (1999–2007) AZ 3 (1914–1991) KY 3 (1941–2024) MS 3 (1951–1983) NE 3 (1901–1910) MT 2 (1997–2019) AR 2 (2008–2010) DC 2 (1960–1999) UT 2 (2013–2016) WA 2 (1919–1985) KS 2 (1899–1913) NH 2 (1988–2020)

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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