clean hands doctrine (North Carolina) · Go Syfert
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clean hands doctrine in North Carolina

7 North Carolina opinions name it 1 courts 1982–2022 2 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 (2)

CaseFollowedCited
Ray v. Norrisgreen
ncctapp · 1985 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022App. 379, 384 , 337 S.E.2d 137, 141 (1985). “[T]his Court has stated the clean hands doctrine denies equitable relief only to litigants who have acted in bad faith, or whose conduct has been dishonest, deceitful, fraudulent, unfair, or overreaching in regard to the transaction in controversy.” Brissett v. First Mount Vernon Indus.

2022App. 379, 384 , 337 S.E.2d 137, 141 (1985). “[T]his Court has stated the clean hands doctrine denies equitable relief only to litigants who have acted in bad faith, or whose conduct has been dishonest, deceitful, fraudulent, unfair, or overreaching in regard to the transaction in controversy.” Brissett v. First Mount Vernon Indus.

22
Branch Banking & Trust Company v. Gillgreen
nc · 1975 · cited in 2 North Carolina opinions naming this issue, 1982–1984
2 sentences

1984Our Supreme Court, in discussing this principle, has said: "`Clean hands' connotes absence of sharp practice and bad faith on the part of the party seeking equity, not complete freedom from negligence and gullibility." Branch Banking & Trust Company v. Gill, State Treasurer, 286 N.C. 342, 364 , 211 S.E.2d 327, 342 (1975).

1984Our Supreme Court, in discussing this principle, has said: "`Clean hands' connotes absence of sharp practice and bad faith on the part of the party seeking equity, not complete freedom from negligence and gullibility." Branch Banking & Trust Company v. Gill, State Treasurer, 286 N.C. 342, 364 , 211 S.E.2d 327, 342 (1975).

22

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 (6)

CaseCitedYears
Brissett v. First Mount Vernon Industrial Loan Ass'n green
ncctapp · 2014
2 sentences

2022Loan Ass’n, 233 N.C.

2022Loan Ass’n, 233 N.C.

22022–2022
Collins v. Davis green
ncctapp · 1984
2 sentences

1986Defendants maintain that plaintiffs claim for a constructive trust is barred by the equitable maxim which requires that “he who comes into equity must come with clean hands.” “The clean hands doctrine denies equitable relief ... to litigants who have acted in bad faith or whose conduct has been dishonest, deceitful, fraudulent, unfair or overreaching in regard to the transaction in controversy.” Collins v. Davis, 68 N.C.

1985App. 588 , 315 S.E. 2d 759 , aff’d, 312 N.C. 324 , 321 S.E. 2d 892 (1984) to be controlling on the question of the applicability of the clean hands doctrine to cohabitation by parties who are not married to each other.

21985–1986
Collins v. Davis green
nc · 1984
2 sentences

1986App. 588, 592 , 315 S.E. 2d 759, 762 , aff’d per curiam, 312 N.C. 324 , 321 S.E. 2d 892 (1984).

1985App. 588 , 315 S.E. 2d 759 , aff’d, 312 N.C. 324 , 321 S.E. 2d 892 (1984) to be controlling on the question of the applicability of the clean hands doctrine to cohabitation by parties who are not married to each other.

21985–1986
Collins v. Davis green
nc · 1984
2 sentences

1986App. 588, 592 , 315 S.E. 2d 759, 762 , aff’d per curiam, 312 N.C. 324 , 321 S.E. 2d 892 (1984).

1985App. 588 , 315 S.E. 2d 759 , aff’d, 312 N.C. 324 , 321 S.E. 2d 892 (1984) to be controlling on the question of the applicability of the clean hands doctrine to cohabitation by parties who are not married to each other.

21985–1986
Ferguson v. Ferguson green
ncctapp · 1982
1 sentence

2011It is true that “[w]hether plaintiff committed an unconscionable act and whether her actions were more egregious than those of defendants, are questions of material fact to be decided by a jury and not by the court.” Ferguson v. Ferguson, 55 N.C.

12011–2011
Moffett v. Daniels neutral
ncctapp · 1986
1 sentence

1986Turner v. Eford, 58 N.C. (1 Jones Equity) 106 (1859); Moffett v. Daniels, 80 N.C.

11986–1986

Where else courts name it

CT 63 (1949–2025) MS 43 (1938–2026) AL 37 (1981–2025) MI 28 (1940–2025) TX 27 (1956–2020) CA 27 (1943–2023) MD 25 (1952–2023) NJ 17 (1934–2008) FL 17 (1946–2010) AR 16 (1939–2022) OH 15 (1960–2024) KS 15 (1975–2025) IL 14 (1919–2023) ID 12 (1983–2024) PA 12 (1953–2020) NY 12 (1941–1992) OR 10 (1967–2021) LA 10 (2014–2023) WI 9 (1981–2024) NC 7 (1982–2022) VA 7 (1990–2024) IA 6 (1995–2023) MO 6 (1969–1989) MT 5 (1955–2008) TN 5 (1977–2013) CO 5 (1993–2016) ME 5 (1990–2015) DC 4 (1970–2021) IN 4 (1969–2025) WV 4 (1931–2024) AZ 4 (1963–2010) UT 3 (2009–2024) HI 3 (2006–2011) NE 3 (1983–1992) GA 3 (1987–2006) WA 3 (1979–2017) DE 2 (1971–1998) OK 2 (2002–2005)

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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