Legal Opinion

Eason v. Spence

Supreme Court of North Carolina

Decided November 8, 1950No. 388PublishedCited by 43 opinions

1Opinion of the CourtEkviN, J.

Under Article I, Section 17, of the State Constitution, no person can be deprived of his property except by his own consent or the law of the land. The law of the land and due process of law are interchangeable terms. S. v. Ballance, 229 N.C. 764, 51 S.E. 2d 731, 7 A.L.R. 2d 407. Tbe significance of the law of the land in its procedural aspect is laid bare by a famous phrase used by Daniel Webster in his argument in the Dartmouth College case. “By the law of the land is most clearly intended the general law, a law which hears before it condemns, which proceeds upon inquiry and renders…

2Cases cited39 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. State v. BallanceSupreme Court of North Carolina · 1949
  3. State v. . BallanceSupreme Court of North Carolina · 1949
  4. Smith v. Proctor.Supreme Court of North Carolina · 1905
  5. Powell v. . TurpinSupreme Court of North Carolina · 1944

34 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. State v. TolleySupreme Court of North Carolina · 1976
  2. State v. HalesSupreme Court of North Carolina · 1961
  3. Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
  4. Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
  5. Brashears v. CollisonCourt of Appeals of Maryland · 1955

38 more not listed; retrieve them via the Exa API.

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