has adopted principle (North Carolina) · Go Syfert
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has adopted principle in North Carolina

9 North Carolina opinions name it 2 courts 1931–2019 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 (7)

CaseFollowedCited
Raritan River Steel Co. v. Cherry, Bekaert & Hollandgreen
nc · 1991 · cited in 2 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014Raritan River Steel Co. v. Cherry, Bekaert & Holland, 329 N.C. 646, 651 , 407 S.E.2d 178, 181 (1991) (citations, internal quotation marks, and some brackets omitted; emphasis added).

2014Raritan River Steel Co. v. Cherry, Bekaert & Holland, 329 N.C. 646, 651 , 407 S.E.2d 178, 181 (1991) (citations, internal quotation marks, and some brackets omitted; emphasis added).

22
Jenkins v. Andersongreen
scotus · 1980 · cited in 1 North Carolina opinions naming this issue, 2001–2001
2 sentences

2001Westbrooks, 345 N.C. at 66 , 478 S.E.2d at 497 ; *157 see also Jenkins v. Anderson, 447 U.S. 231, 239 , 65 L.

2001Westbrooks, 345 N.C. at 66 , 478 S.E.2d at 497 ; *157 see also Jenkins v. Anderson, 447 U.S. 231, 239 , 65 L.

11
State v. Masongreen
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997This Court has adopted the test currently applied to Federal Rule of Evidence 403 that “ [w]hether or not to exclude evidence under [Rule 403] is a matter within the sound discretion of the trial judge.” State v. Mason, 315 N.C. 724, 731 , 340 S.E.2d 430, 435 (1986).

1997This Court has adopted the test currently applied to Federal Rule of Evidence 403 that “ [w]hether or not to exclude evidence under [Rule 403] is a matter within the sound discretion of the trial judge.” State v. Mason, 315 N.C. 724, 731 , 340 S.E.2d 430, 435 (1986).

11
State v. Younggreen
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 1996–1996
2 sentences

1996E.g., State v. Young, 324 N.C. 489, 492-94 , 380 S.E.2d 94, 96-97 (1989) (expressly disavowing prior decisions of this Court stating otherwise).

1996E.g., State v. Young, 324 N.C. 489, 492-94 , 380 S.E.2d 94, 96-97 (1989) (expressly disavowing prior decisions of this Court stating otherwise).

11
Snyder v. Freemangreen
nc · 1980 · cited in 1 North Carolina opinions naming this issue, 1991–1991
2 sentences

1991This Court has adopted the analysis of the Restatement (Second) of Contracts for purposes of determining “whether a beneficiary of an agreement made by others has a right of action on that agreement.” Snyder, 300 N.C. at 221 , 266 S.E.2d at 604 (using identical 1973 version of Restatement); see also Vogel v. Supply Co. and Supply Co. v. Developers, Inc., 277 N.C. 119 , 177 S.E.2d 273 (1970).

1991This Court has adopted the analysis of the Restatement (Second) of Contracts for purposes of determining “whether a beneficiary of an agreement made by others has a right of action on that agreement.” Snyder, 300 N.C. at 221 , 266 S.E.2d at 604 (using identical 1973 version of Restatement); see also Vogel v. Supply Co. and Supply Co. v. Developers, Inc., 277 N.C. 119 , 177 S.E.2d 273 (1970).

11
Vogel v. Reed Supply Companygreen
nc · 1970 · cited in 1 North Carolina opinions naming this issue, 1991–1991
2 sentences

1991This Court has adopted the analysis of the Restatement (Second) of Contracts for purposes of determining “whether a beneficiary of an agreement made by others has a right of action on that agreement.” Snyder, 300 N.C. at 221 , 266 S.E.2d at 604 (using identical 1973 version of Restatement); see also Vogel v. Supply Co. and Supply Co. v. Developers, Inc., 277 N.C. 119 , 177 S.E.2d 273 (1970).

1991This Court has adopted the analysis of the Restatement (Second) of Contracts for purposes of determining “whether a beneficiary of an agreement made by others has a right of action on that agreement.” Snyder, 300 N.C. at 221 , 266 S.E.2d at 604 (using identical 1973 version of Restatement); see also Vogel v. Supply Co. and Supply Co. v. Developers, Inc., 277 N.C. 119 , 177 S.E.2d 273 (1970).

11
Spicer v. . Gambillgreen
nc · 1885 · cited in 1 North Carolina opinions naming this issue, 1943–1943
1 sentence

1943See Spicer v. Gambill, 93 N. C., 378 .

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
State v. Tyson. green
nc · 1905
2 sentences

2019The State notes that we stated in Lachat that "[w]hen a mistrial is declared properly for such reasons [as a deadlocked jury], 'in legal contemplation there has been no trial.' " 317 N.C. at 82 , 343 S.E.2d at 877 (quoting State v. Tyson , 138 N.C. 627 , 629, 50 S.E. 456 , 456 (1905) ).

2019The State notes that we stated in Lachat that "[w]hen a mistrial is declared properly for such reasons [as a deadlocked jury], 'in legal contemplation there has been no trial.' " 317 N.C. at 82 , 343 S.E.2d at 877 (quoting State v. Tyson , 138 N.C. 627 , 629, 50 S.E. 456 , 456 (1905) ).

12019–2019
State v. Lachat green
nc · 1986
2 sentences

2019As the sole support for its theory that this Court has adopted the principle that jeopardy is deemed never to have previously attached at the point that the trial court declares a mistrial, the State points to a single statement from this Court's decision in State v. Lachat , 317 N.C. 73 , 343 S.E.2d 872 (1986).

2019As the sole support for its theory that this Court has adopted the principle that jeopardy is deemed never to have previously attached at the point that the trial court declares a mistrial, the State points to a single statement from this Court's decision in State v. Lachat , 317 N.C. 73 , 343 S.E.2d 872 (1986).

12019–2019
State v. Westbrooks green
nc · 1996
2 sentences

2001Westbrooks, 345 N.C. at 66 , 478 S.E.2d at 497 ; *157 see also Jenkins v. Anderson, 447 U.S. 231, 239 , 65 L.

2001Westbrooks, 345 N.C. at 66 , 478 S.E.2d at 497 ; *157 see also Jenkins v. Anderson, 447 U.S. 231, 239 , 65 L.

12001–2001
Pipkin v. . Adams neutral
nc · 1894
2 sentences

1943“But the time during which the party recovering or owning such judgment shall be, or shall have been, restrained from proceeding thereon by an order of injunction, or other order, or by the operation of any appeal, or by a statutory prohibition, does not constitute any part of the ten years aforesaid, as against the defendant in such judgment . . .” There is no other savings clause in the statute and, as stated in Pipkin v. Adams, 114 N. C., 201 , 19 S. E., 105 , this Court has adopted the principle that it is in the interest of public policy that this statute should be strictly construed.

1943“But the time during which the party recovering or owning such judgment shall be, or shall have been, restrained from proceeding thereon by an order of injunction, or other order, or by the operation of any appeal, or by a statutory prohibition, does not constitute any part of the ten years aforesaid, as against the defendant in such judgment . . .” There is no other savings clause in the statute and, as stated in Pipkin v. Adams, 114 N. C., 201 , 19 S. E., 105 , this Court has adopted the principle that it is in the interest of public policy that this statute should be strictly construed.

11943–1943
Town of Tarboro v. Johnson neutral
nc · 1929
1 sentence

1931In Potter v. Dixie Transit Co., 196 N. C., 824 , a nonexpert witness, who had not qualified himself by a statement of his previous observation -and experience, was permitted to testify after objection as to the speed of a bus traveling on the highway, and it was held that there was no error in the admission of the evidence.

11931–1931

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

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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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