The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 páginas |
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Página 22
... record , the joinder of legal and equitable causes of action or defences and in a just apprehension of the nature and office of the counterclaim , the decisions of this State may challenge comparison with those of any other in a fair ...
... record , the joinder of legal and equitable causes of action or defences and in a just apprehension of the nature and office of the counterclaim , the decisions of this State may challenge comparison with those of any other in a fair ...
Página 55
... record and no objection to the venue can be taken by pleading that a party for whose benefit an action is brought , lives in another county . Rankin v . Allison , 64–673 . An action for breach of covenant in not paying for improvements ...
... record and no objection to the venue can be taken by pleading that a party for whose benefit an action is brought , lives in another county . Rankin v . Allison , 64–673 . An action for breach of covenant in not paying for improvements ...
Página 64
... record , unless one be named in the county town on whom notices may be served . Maxwell v . Maxwell , 67-383 . Consult § 301 , post 81. - Notice of no personal claim . In case 64 THE CODE - WITH NOTES AND DECISIONS .
... record , unless one be named in the county town on whom notices may be served . Maxwell v . Maxwell , 67-383 . Consult § 301 , post 81. - Notice of no personal claim . In case 64 THE CODE - WITH NOTES AND DECISIONS .
Página 74
... record by the clerk of any county in whose office the same may have been filed or recorded ; and such can- cellation shall be made by an indorsement to that effect on the margin of the record , which shall refer to the order , and for ...
... record by the clerk of any county in whose office the same may have been filed or recorded ; and such can- cellation shall be made by an indorsement to that effect on the margin of the record , which shall refer to the order , and for ...
Página 75
... record , and the rules by which the sufficiency of the pleadings is to be determined , are those prescribed by this Code . The rules of pleading and construction at the common law have not been abrogated . The essential principles ...
... record , and the rules by which the sufficiency of the pleadings is to be determined , are those prescribed by this Code . The rules of pleading and construction at the common law have not been abrogated . The essential principles ...
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...