9 North Carolina opinions name it 2 courts 1890–2018 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.
| Case | Followed | Cited |
|---|---|---|
Terry v. Terrygreen2 sentences2002A constructive fraud claim requires proof of circumstances: "`(1) which created the relation of trust and confidence [the "fiduciary" relationship], and (2) [which] led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to *788 the hurt of plaintiff.'" Terry v. Terry, 302 N.C. 77, 83 , 273 S.E.2d 674, 677 (1981) (citation omitted). 2002A constructive fraud claim requires proof of circumstances: "`(1) which created the relation of trust and confidence [the "fiduciary" relationship], and (2) [which] led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to *788 the hurt of plaintiff.'" Terry v. Terry, 302 N.C. 77, 83 , 273 S.E.2d 674, 677 (1981) (citation omitted). | 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 |
|---|---|---|
Moore v. Moore
green
2 sentences1994The trial court’s order included the following reasoning: The Court has considered the argument of counsel for plaintiff that allowing an amendment to the pleadings to claim a specific “right” to visitation under 50-13.1 would remedy any defect in her pleadings; and specifically rejects plaintiff’s argument that the legislature intended to overturn the general case law which asserts that, with specific statutory exceptions, the parents with lawful custody of a child have the prerogative of determining with whom their children shall associate (Moore v. Moore, 89 N.C. 1991The Court has considered the argument of counsel for plaintiff that allowing an amendment to the pleadings to claim a specific "right" to visitation under 50-13.1 would remedy any defect in her pleadings; and specifically rejects plaintiff's argument that the legislature intended to overturn the general case law which asserts that, with certain specific statutory exceptions, the parents with lawful custody of a child have the prerogative of determining with whom their children shall associate ( Moore v. Moore, 89 N.C.App. 351 [ 365 S.E.2d 662 ]). | 2 | 1991–1994 |
Commercial Credit Equipment Corp. v. Thompson
green
1 sentence2018App. 594 , 269 S.E.2d 286 (1980) (judgment on the pleadings was in error, where N.C. | 1 | 2018–2018 |
Brisson v. Santoriello
green
1 sentence2001Brisson v. Kathy A. Santoriello, M.D., P.A., 134 N.C. | 1 | 2001–2001 |
Brumble v. . Brown
green
1 sentence1974Our Supreme Court held in Brumble v. Brown, 71 N.C. 513 , that a defendant’s counterclaim, even one not based on the same transaction as that which gave rise to plaintiff’s cause of action, relates to the *618 commencement of the action, and that if it is not barred by the statute of limitations at that time, it does not become barred afterwards during the pendency of the action. | 1 | 1974–1974 |
Crew v. Crew
green
2 sentences1967Crew v. Crew, 236 N.C. 528 , 73 S.E. 2d 309 ; Remsen v. Edwards, 236 N.C. 427 , 72 S.E. 2d 879 . 1967Crew v. Crew, 236 N.C. 528 , 73 S.E. 2d 309 ; Remsen v. Edwards, 236 N.C. 427 , 72 S.E. 2d 879 . | 1 | 1967–1967 |
Remsen v. Edwards
neutral
2 sentences1967Crew v. Crew, 236 N.C. 528 , 73 S.E. 2d 309 ; Remsen v. Edwards, 236 N.C. 427 , 72 S.E. 2d 879 . 1967Crew v. Crew, 236 N.C. 528 , 73 S.E. 2d 309 ; Remsen v. Edwards, 236 N.C. 427 , 72 S.E. 2d 879 . | 1 | 1967–1967 |
Falkner v. Pilcher.
neutral
2 sentences1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. 1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. | 1 | 1961–1961 |
Denmark v. Atlantic & North Carolina Railroad
neutral
2 sentences1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. 1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. | 1 | 1961–1961 |
Bowen v. . Whitaker
neutral
1 sentence1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. | 1 | 1961–1961 |
Tucker v. . Satterthwaite
neutral
2 sentences1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. 1961R., 107 N.C. 185 , 12 S.E. 54 ; Bowen v. Whitaker, 92 N.C. 367 ; Braswell v. Johnston, supra; Tucker v. Satterthwaite, 120 N.C. 118 , 27 S.E. 45 ; Falkner v. Pilcher, 137 N.C. 449 , 49 S.E. 945 ; Holler v. Tel. | 1 | 1961–1961 |
Rudasill v. . Falls
neutral
1 sentence1890Rudasill v. Falls, 92 N. C., 222 ; but section 400, in express terms, distinguishes issues of fact from mere inquiries of damages, by providing that, “Ever}'' issue of fad joined in the pleadings and inquiry of damages required to be tried,” etc. “shall be tried at the next term,” etc. In Miller v. Melchor, 13 Ired., 439 , PeabsoN, J , delivering the opinion of the Court, announced that the action of trespass for mesne profits, which, it had been contended, was a distinct action for damages, was, in fact, “ a mere elongation of the action of ejectment,” that action being divided, at the sugges | 1 | 1890–1890 |
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.