claimant claim (North Carolina) · Go Syfert
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claimant claim in North Carolina

8 North Carolina opinions name it 3 courts 1907–2019 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 (4)

CaseFollowedCited
Evans v. United Services Automobile Ass'ngreen
ncctapp · 2001 · cited in 2 North Carolina opinions naming this issue, 2002–2011
2 sentences

2011It is well established that “[t]he burden of establishing the attorney-client privilege rests upon the claimant of the privilege.” Evans, 142 N.C.

2002See id. at 32 , 541 S.E.2d at 791 (noting that “[t]he burden of establishing the attorney-client privilege rests upon the claimant of the privilege”).

12
Hewitt v. Hewittgreen
ncctapp · 2017 · cited in 1 North Carolina opinions naming this issue, 2019–2019
1 sentence

2019Hewitt v. Hewitt, 798 S.E.2d 796, 800 (N.C. Ct. App. 2017). 295.

11
Fidelity & Casualty Co. of New York v. Nello L. Teer Co.green
nc · 1959 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005A settlement agreement is a contract resolving a dispute without a trial. “ ‘Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts.’ ” Bolton Corp. v. T A. Loving Co., 317 N.C. 623, 628 , 347 S.E.2d 369, 372 (1986) (quoting Casualty Co. v. Teer Co., 250 N.C. 547, 550 , 109 S.E.2d 171, 173 (1959)).

2005A settlement agreement is a contract resolving a dispute without a trial. “ ‘Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts.’ ” Bolton Corp. v. T A. Loving Co., 317 N.C. 623, 628 , 347 S.E.2d 369, 372 (1986) (quoting Casualty Co. v. Teer Co., 250 N.C. 547, 550 , 109 S.E.2d 171, 173 (1959)).

11
Bolton Corp. v. T. A. Loving Co.green
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005A settlement agreement is a contract resolving a dispute without a trial. “ ‘Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts.’ ” Bolton Corp. v. T A. Loving Co., 317 N.C. 623, 628 , 347 S.E.2d 369, 372 (1986) (quoting Casualty Co. v. Teer Co., 250 N.C. 547, 550 , 109 S.E.2d 171, 173 (1959)).

2005A settlement agreement is a contract resolving a dispute without a trial. “ ‘Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts.’ ” Bolton Corp. v. T A. Loving Co., 317 N.C. 623, 628 , 347 S.E.2d 369, 372 (1986) (quoting Casualty Co. v. Teer Co., 250 N.C. 547, 550 , 109 S.E.2d 171, 173 (1959)).

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
Johnson v. Wescott neutral
nc · 1905
2 sentences

1907It is singular that this question has heretofore never been passed upon by this Court, and, so far as (676) we can find, the point has never been raised, except in the case of Johnson v. Westcott , 139 N.C. 29 , when it was deemed unnecessary to decide it.

1907It is singular that this question has heretofore never been passed upon by this Court, and, so far as we can find, the point bas never been raised, except in the case of Johnson v. Westcott, 139 N. C., 29 , when it was deemed unnecessary to decide it.

21907–1907
In re Estate of Neisen neutral
ncctapp · 1994
2 sentences

2015As this Court explained in In re Estate of Neisen, 114 N.C.App. 82 , 440 S.E.2d 855 , disc. review denied, 336 N.C. 606 , 447 S.E.2d 397 (1994), Section 28A-19-16 provides that a claimant whose claim has been denied by the personal representative, and which claim is not referred to a third party for resolution, "must, within three months, after due notice in writing of such rejection, ... commence an action for the recovery thereof, or be forever barred from maintaining an action thereon." 1 Rule 3 of the North Carolina Rules of Civil Procedure is entitled "Commencement of action" and provides

2015As this Court explained in In re Estate of Neisen, 114 N.C.App. 82 , 440 S.E.2d 855 , disc. review denied, 336 N.C. 606 , 447 S.E.2d 397 (1994), Section 28A-19-16 provides that a claimant whose claim has been denied by the personal representative, and which claim is not referred to a third party for resolution, "must, within three months, after due notice in writing of such rejection, ... commence an action for the recovery thereof, or be forever barred from maintaining an action thereon." 1 Rule 3 of the North Carolina Rules of Civil Procedure is entitled "Commencement of action" and provides

12015–2015
In re Estate of Neisen neutral
nc · 1994
2 sentences

2015As this Court explained in In re Estate of Neisen, 114 N.C.App. 82 , 440 S.E.2d 855 , disc. review denied, 336 N.C. 606 , 447 S.E.2d 397 (1994), Section 28A-19-16 provides that a claimant whose claim has been denied by the personal representative, and which claim is not referred to a third party for resolution, "must, within three months, after due notice in writing of such rejection, ... commence an action for the recovery thereof, or be forever barred from maintaining an action thereon." 1 Rule 3 of the North Carolina Rules of Civil Procedure is entitled "Commencement of action" and provides

2015As this Court explained in In re Estate of Neisen, 114 N.C.App. 82 , 440 S.E.2d 855 , disc. review denied, 336 N.C. 606 , 447 S.E.2d 397 (1994), Section 28A-19-16 provides that a claimant whose claim has been denied by the personal representative, and which claim is not referred to a third party for resolution, "must, within three months, after due notice in writing of such rejection, ... commence an action for the recovery thereof, or be forever barred from maintaining an action thereon." 1 Rule 3 of the North Carolina Rules of Civil Procedure is entitled "Commencement of action" and provides

12015–2015
Rader v. Queen City Coach Co. green
nc · 1945
2 sentences

1960Wyatt v. Sharp, 239 N.C. 655, 658 , 80 S.E. 2d 762 ; Rader v. Coach Co., 225 N.C. 537, 539 , 35 S.E. 2d 609 .

1960Wyatt v. Sharp, 239 N.C. 655, 658 , 80 S.E. 2d 762 ; Rader v. Coach Co., 225 N.C. 537, 539 , 35 S.E. 2d 609 .

11960–1960
Wyatt v. Sharp green
nc · 1954
2 sentences

1960Wyatt v. Sharp, 239 N.C. 655, 658 , 80 S.E. 2d 762 ; Rader v. Coach Co., 225 N.C. 537, 539 , 35 S.E. 2d 609 .

1960Wyatt v. Sharp, 239 N.C. 655, 658 , 80 S.E. 2d 762 ; Rader v. Coach Co., 225 N.C. 537, 539 , 35 S.E. 2d 609 .

11960–1960

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (4)

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

PA 302 (1919–2026) NY 73 (1898–2026) MO 54 (1995–2025) OR 44 (1921–2026) IL 31 (1935–2024) OK 31 (1926–2012) CA 28 (1930–2026) FL 28 (1959–2024) GA 23 (1897–2023) MD 23 (1952–2021) CO 21 (1983–2020) TX 20 (1939–2022) AZ 12 (1949–2026) IA 11 (1927–2026) LA 11 (1936–2018) OH 10 (1918–2017) KS 9 (1960–1996) WV 9 (1930–2026) WA 8 (1944–2025) DE 8 (1922–2025) NC 8 (1907–2019) DC 7 (1990–2017) MI 7 (2009–2025) IN 7 (1888–2025) CT 7 (1929–1999) WI 6 (1928–2025) NJ 6 (1969–1998) MS 5 (1974–2009) AK 5 (1985–1998) KY 5 (1964–2023) MN 5 (1971–2026) AL 5 (1860–2007) HI 4 (1935–2011) UT 4 (1909–2024) VA 4 (2009–2023) NE 4 (1996–2025) VT 4 (1989–2025) MA 4 (1956–2015) ND 4 (1968–2022) WY 3 (2014–2015) NM 3 (1991–2005) SC 3 (1947–2003) ID 3 (1996–2005) AR 2 (1961–2013) TN 2 (2018–2020)

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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