The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 páginas |
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Página 2
... publication of this volume , will be to narrow the attention of the bar and the courts to the Code of Procedure as it is - a statute by no means perfect , but constitu- ting , as the writer believes , the germ of the simplest ...
... publication of this volume , will be to narrow the attention of the bar and the courts to the Code of Procedure as it is - a statute by no means perfect , but constitu- ting , as the writer believes , the germ of the simplest ...
Página 17
... publication of at least two weeks in some newspaper published in his county , in lieu of such township advertisement . 3. The special terms of the superior courts held in pursu- ance of this chapter shall have all the jurisdiction and ...
... publication of at least two weeks in some newspaper published in his county , in lieu of such township advertisement . 3. The special terms of the superior courts held in pursu- ance of this chapter shall have all the jurisdiction and ...
Página 58
... publication ; form of summons . 84 . Manner and effect of pub- lication . 84a Publication of notice instead of summons . 85. Defendant allowed to defend before and after judgment . 86. Action for foreclosure of mortgage . Joint and ...
... publication ; form of summons . 84 . Manner and effect of pub- lication . 84a Publication of notice instead of summons . 85. Defendant allowed to defend before and after judgment . 86. Action for foreclosure of mortgage . Joint and ...
Página 59
... publication , simply strikes out a part of one sub - division and contents itself afterwards by referring to the existing law and repealing or modifying simply by im- plication . It became necessary , therefore , to show the effect of ...
... publication , simply strikes out a part of one sub - division and contents itself afterwards by referring to the existing law and repealing or modifying simply by im- plication . It became necessary , therefore , to show the effect of ...
Página 66
... the office of the president . " Would it be accounted a sufficient service to read it to " some person of competent age in the office ? " 83. - Service by publication of summons . Where the 66 THE CODE - WITH NOTES AND DECISIONS .
... the office of the president . " Would it be accounted a sufficient service to read it to " some person of competent age in the office ? " 83. - Service by publication of summons . Where the 66 THE CODE - WITH NOTES AND DECISIONS .
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...