The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 páginas |
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Página 5
... prescribed in the former . Three attempts at a definition or con- struction of the term " civil action " appear in our reports . One by Pearson , C. J. , in Tate v . Powe as cited above , one by Judge Battle as amicus curiæ in the same ...
... prescribed in the former . Three attempts at a definition or con- struction of the term " civil action " appear in our reports . One by Pearson , C. J. , in Tate v . Powe as cited above , one by Judge Battle as amicus curiæ in the same ...
Página 8
... prescribed also , that it should have but one name wherever found , because identity of name is a most potent instrumentality for securing identity of character . In spirit , as already observed , the Special Proceedings have not been ...
... prescribed also , that it should have but one name wherever found , because identity of name is a most potent instrumentality for securing identity of character . In spirit , as already observed , the Special Proceedings have not been ...
Página 11
... prescribe the powers and duties of the Clerks of the Superior Courts . " It was among those which the Legislature directed to be published under the supervision of the Code Commissioners , and was separated from the remainder of the Act ...
... prescribe the powers and duties of the Clerks of the Superior Courts . " It was among those which the Legislature directed to be published under the supervision of the Code Commissioners , and was separated from the remainder of the Act ...
Página 17
... prescribed by law , or which may be prescribed by the Secretary . ( 1 ) The number and kinds of criminal actions which were for trial . ( 2 ) The number actually tried . ( 3 3 SUPERIOR COURTS . 17.
... prescribed by law , or which may be prescribed by the Secretary . ( 1 ) The number and kinds of criminal actions which were for trial . ( 2 ) The number actually tried . ( 3 3 SUPERIOR COURTS . 17.
Página 20
... prescribed . " The distinction between actions at law and suits in equity , and the forms of all such actions and suits , hereto- fore existing , are abolished ; and there shall be , in this a " The fundamental principles of the Code ...
... prescribed . " The distinction between actions at law and suits in equity , and the forms of all such actions and suits , hereto- fore existing , are abolished ; and there shall be , in this a " The fundamental principles of the Code ...
Outras edições - Ver tudo
The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884 North Carolina,Walter Clark Visualização integral - 1884 |
The Code of Civil Procedure of North Carolina: With Notes and Decisions North Carolina,Albion W. Tourgée Visualização integral - 1878 |
The Code of Civil Procedure of North Carolina: With Notes and Decisions ... Albion Winegar Tourgee,North Carolina Pré-visualização indisponível - 2015 |
Palavras e frases frequentes
adverse party affidavit alleged allowed amendment answer appeal apply appointed arrest assigned attachment attorney bail bond cause of action Chapter 137 civil action Civil Procedure claim clerk Code of Civil Com'rs commenced commissioners common law complaint Constitution copy corporation costs counter-claim court of equity creditor damages debt deceased defendant demurrer district docketed dower entitled equity execution executor filed fourth Monday granted held homestead injunction issues of fact judge judgment debtor jurisdiction jury justice land levy liable lien March and September ment misjoinder Monday after fourth Monday of March motion non compos mentis notice pending personal property petition plaintiff pleading possession prescribed provisional remedy real property reference remedy rendered rules sheriff special proceedings specific statute sufficient suit summons Superior Court Supreme Court sureties tenant term therein thereof thereto tion trial trustee widow witness writ
Passagens conhecidas
Página 46 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 50 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Página 127 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Página 126 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party...
Página 54 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.
Página 57 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Página 54 - In case of the death or disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 138 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Página 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Página 56 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...