State v. Stanley

Decision Date04 March 1975
CitationState v. Stanley, 212 S.E.2d 169, 286 N.C. 547 (N.C. 1975)
PartiesSTATE of North Carolina v. Frederick STANLEY.
CourtNorth Carolina Supreme Court

Harold P. Laing, for the defendant.

James H. Carson, Jr., Atty.Gen., William F. O'Connell, Asst.Atty.Gen., for the State.

Petition of defendant for writ of certiorari to review the decision of the Court of Appeals, 24 N.C.App. 323, 210 S.E.2d 496. Allowed.

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10 cases
  • Sharpe v. Park Newspapers of Lumberton, Inc.
    • United States
    • North Carolina Court of Appeals
    • 17 Diciembre 1985
    ...appears unavoidable. Gaston Realtors, supra; N.C. Consumers Power, Inc. v. Duke Power Co., 285 N.C. 434, 206 S.E.2d 178, reh'g denied, 286 N.C. 547 (1974). Mere apprehension or threat of litigation does not provide grounds for seeking a declaratory judgment. Gaston Realtors; Newman Machine ......
  • Williams v. Odell
    • United States
    • North Carolina Court of Appeals
    • 19 Julio 1988
    ...by exercising reasonable care and prudence but failed to do so. Earle v. Wyrick, 286 N.C. 175, 209 S.E.2d 469 (1974), reh'g denied, 286 N.C. 547 (1975). The burden is on plaintiff to establish that the doctrine is applicable to the facts. Vernon v. Crist, 291 N.C. 646, 231 S.E.2d 591 Plaint......
  • Wendell v. Long
    • United States
    • North Carolina Court of Appeals
    • 21 Julio 1992
    ...was derived from North Carolina Consumers Power, Inc. v. Duke Power Co., 285 N.C. 434, 451, 206 S.E.2d 178, 189, reh'g denied, 286 N.C. 547 (1974), quoting Borchard, Declaratory Judgments (2d ed. 1941) at page 60, in which it was The imminence and practical certainty of the act or event in ......
  • State v. Jones
    • United States
    • North Carolina Court of Appeals
    • 3 Abril 1984
    ...331, 299 S.E.2d 777 [67 N.C.App. 416] (1983); Consumers Power v. Power Co., 285 N.C. 434, 206 S.E.2d 178 (1974), reh'g denied, 286 N.C. 547 (1974). It is without dispute that the pretrial order in the present case is interlocutory but defendant contends it is immediately appealable because ......
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