extensive analysis (North Carolina) · Go Syfert
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extensive analysis in North Carolina

9 North Carolina opinions name it 2 courts 1933–2009 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
Lenz v. Ridgewood Associatesgreen
ncctapp · 1981 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999We need not engage in an extensive analysis of defendants’ duty to Elizabeth or any potential breach of that duty, even in light of our Supreme Court’s recent decision in Nelson v. Freeland, 349 N.C. 615 , 507 S.E.2d 882 (1998), to retroactively abolish the common law distinctions between invitees and licensees, because even if defendants were negligent, Elizabeth was contributorily negligent as a matter of law. “[T]he law imposes upon a person the duty to exercise ordinary care to protect himself from injury and to avoid a known danger; and . . . where there is such knowledge and there is an

1999App. 115, 122 , 284 S.E.2d 702, 706-07 (1981), disc. review denied, 305 N.C. 300 , 290 S.E.2d 702 (1982).

11
Gaither Corporation v. Skinnergreen
nc · 1955 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995Under this doctrine, a final judgment on the merits in a prior action by a court of competent jurisdiction operates as “an absolute bar to a subsequent action involving the same claim, demand, and cause of action” between “the parties and their privies.” Gaither Corp. v. Skinner, 241 N.C. 532, 535 , 85 S.E.2d 909, 911 (1955).

1995Under this doctrine, a final judgment on the merits in a prior action by a court of competent jurisdiction operates as “an absolute bar to a subsequent action involving the same claim, demand, and cause of action” between “the parties and their privies.” Gaither Corp. v. Skinner, 241 N.C. 532, 535 , 85 S.E.2d 909, 911 (1955).

11
State v. Thompsongreen
nc · 1966 · cited in 1 North Carolina opinions naming this issue, 1976–1976
2 sentences

1976See also State v. Thompson, 267 N.C. 653 , 148 S.E. 2d 613 (1966). *264 In the case at bar, Judge Lupton conducted an extensive hearing before passing sentence.

1976See also State v. Thompson, 267 N.C. 653 , 148 S.E. 2d 613 (1966). *264 In the case at bar, Judge Lupton conducted an extensive hearing before passing sentence.

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 (9)

CaseCitedYears
Petersen v. Rogers green
ncctapp · 1993
2 sentences

1997Instead, the Court of Appeals held that the “plaintiffs’ right to freedom of religion, as guaranteed by the federal and state constitutions, was violated by the trial court’s extensive inquiry into plaintiffs’ religion,” Petersen, 337 N.C. at 399-400 , 445 S.E.2d at 902 , and the court remanded the case “ ‘for proceedings free from unwarranted religious inquisition into the beliefs of the parties’ ”, id. (quoting Petersen, 111 N.C.

1994The court found that plaintiffs’ right to freedom of religion, as guar *400 anteed by the federal and state constitutions, was violated by the trial court’s extensive inquiry into plaintiffs’ religion and remanded “for proceedings free from unwarranted religious inquisition into the beliefs of the parties.” Id. at 725 , 433 S.E.2d at 778 .

21994–1997
County of Cabarrus v. Tolson green
ncctapp · 2005
2 sentences

2009The plaintiffs in Tolson , a group of North Carolina counties, cities and towns, argued inter alia that Executive Order 19 violated our constitution because it took "funds allocated for local governments and [used] them for other purposes that the General Assembly did not authorize." Tolson, 169 N.C.App. at 639 , 610 S.E.2d at 446 .

2009The plaintiffs in Tolson , a group of North Carolina counties, cities and towns, argued inter alia that Executive Order 19 violated our constitution because it took "funds allocated for local governments and [used] them for other purposes that the General Assembly did not authorize." Tolson, 169 N.C.App. at 639 , 610 S.E.2d at 446 .

12009–2009
Nelson v. Freeland green
nc · 1998
2 sentences

1999We need not engage in an extensive analysis of defendants’ duty to Elizabeth or any potential breach of that duty, even in light of our Supreme Court’s recent decision in Nelson v. Freeland, 349 N.C. 615 , 507 S.E.2d 882 (1998), to retroactively abolish the common law distinctions between invitees and licensees, because even if defendants were negligent, Elizabeth was contributorily negligent as a matter of law. “[T]he law imposes upon a person the duty to exercise ordinary care to protect himself from injury and to avoid a known danger; and . . . where there is such knowledge and there is an

1999We need not engage in an extensive analysis of defendants’ duty to Elizabeth or any potential breach of that duty, even in light of our Supreme Court’s recent decision in Nelson v. Freeland, 349 N.C. 615 , 507 S.E.2d 882 (1998), to retroactively abolish the common law distinctions between invitees and licensees, because even if defendants were negligent, Elizabeth was contributorily negligent as a matter of law. “[T]he law imposes upon a person the duty to exercise ordinary care to protect himself from injury and to avoid a known danger; and . . . where there is such knowledge and there is an

11999–1999
Lenz v. Ridgewood Associates neutral
nc · 1982
1 sentence

1999App. 115, 122 , 284 S.E.2d 702, 706-07 (1981), disc. review denied, 305 N.C. 300 , 290 S.E.2d 702 (1982).

11999–1999
In re Foreclosure of Deed of Trust neutral
nc · 1982
1 sentence

1999App. 115, 122 , 284 S.E.2d 702, 706-07 (1981), disc. review denied, 305 N.C. 300 , 290 S.E.2d 702 (1982).

11999–1999
Virmani v. Presbyterian Health Services Corp. green
ncctapp · 1997
1 sentence

1999Virmani, 127 N.C.

11999–1999
Petersen v. Rogers green
nc · 1994
2 sentences

1997Instead, the Court of Appeals held that the “plaintiffs’ right to freedom of religion, as guaranteed by the federal and state constitutions, was violated by the trial court’s extensive inquiry into plaintiffs’ religion,” Petersen, 337 N.C. at 399-400 , 445 S.E.2d at 902 , and the court remanded the case “ ‘for proceedings free from unwarranted religious inquisition into the beliefs of the parties’ ”, id. (quoting Petersen, 111 N.C.

1997Instead, the Court of Appeals held that the “plaintiffs’ right to freedom of religion, as guaranteed by the federal and state constitutions, was violated by the trial court’s extensive inquiry into plaintiffs’ religion,” Petersen, 337 N.C. at 399-400 , 445 S.E.2d at 902 , and the court remanded the case “ ‘for proceedings free from unwarranted religious inquisition into the beliefs of the parties’ ”, id. (quoting Petersen, 111 N.C.

11997–1997
State v. Sturdivant green
nc · 1981
2 sentences

1989One such case cited in Whittington, State v. Sturdivant, 304 N.C. 293 , 283 S.E.2d 719 (1981), stated in footnote 1, the following: We perceive that the Legislature intended to make implicit in G.S. 14-27.2 a matter of ordinary common sense: that the use of a deadly weapon, in any manner, in the course of a rape offense, always has some tendency to assist, if not entirely enable, the perpetrator to accomplish his evil design upon the victim, who is usually unarmed.

1989One such case cited in Whittington, State v. Sturdivant, 304 N.C. 293 , 283 S.E.2d 719 (1981), stated in footnote 1, the following: We perceive that the Legislature intended to make implicit in G.S. 14-27.2 a matter of ordinary common sense: that the use of a deadly weapon, in any manner, in the course of a rape offense, always has some tendency to assist, if not entirely enable, the perpetrator to accomplish his evil design upon the victim, who is usually unarmed.

11989–1989
W. B. Mershon & Co. v. Morris neutral
nc · 1908
1 sentence

1933In Mershon v. Morris, 148 N. C., 48 , the Court, after saying that the ancient rule that a corpora *290 tion could act only by its corporate seal has been greatly relaxed in later times, if, indeed, not wholly abrogated, approved the following-quotation ' from 10 Cyc., 1003: “Excluding the operation of express statutes, a very extensive principle of the law of corporations, applicable to every kind of written contract executed ostensibly by a corporation and to every kind of act done by its officers and agents professedly in its behalf, is that, when the officer or agent is the appropriate off

11933–1933

Where else courts name it

CA 104 (1930–2026) NY 88 (1937–2025) TX 47 (1935–2021) IL 44 (1966–2025) OH 43 (1982–2025) PA 40 (1971–2026) FL 38 (1974–2021) NJ 33 (1965–2025) CT 30 (1967–2024) WA 22 (1962–2026) IN 22 (1947–2018) MD 22 (1988–2020) AL 21 (1977–2025) KS 21 (1966–2025) CO 19 (1973–2026) RI 17 (1967–2010) LA 17 (1974–2021) MI 17 (1969–2024) DC 16 (1968–2007) MO 15 (1956–2019) KY 15 (1962–2025) OR 14 (1960–2022) TN 14 (1978–2016) WV 14 (1978–2017) IA 12 (1945–2024) WI 11 (1965–2024) MA 11 (1974–2023) ID 9 (1988–2022) NC 9 (1933–2009) ME 8 (1975–2021) GA 8 (1993–2019) SC 7 (1973–2020) AZ 7 (1968–2025) MT 7 (1964–2021) UT 6 (1983–2012) AK 6 (1970–2023) OK 5 (1958–2018) DE 5 (2015–2023) NM 5 (1989–2023) MN 5 (1974–1999) MS 5 (2000–2022) WY 5 (1959–2018) VT 5 (2010–2015) SD 4 (1982–2008) VA 4 (1983–2024) NE 3 (1999–2017) AR 2 (1989–2004) HI 2 (2004–2007) ND 2 (2002–2002)

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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