North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Τόμος 81Nichols & Gorman, book and job printers, 1879 Cases argued and determined in the Supreme Court of North Carolina. |
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Σελίδα 11
... equity ; but such property shall pass by the de- vise or bequest , subject to the same remedies on such bond , covenant or agreement against the devisees or legatees as might be had by law against the heirs of the testator or his next ...
... equity ; but such property shall pass by the de- vise or bequest , subject to the same remedies on such bond , covenant or agreement against the devisees or legatees as might be had by law against the heirs of the testator or his next ...
Σελίδα 27
... equity , " are barred by judgments at law as much as other persons with the single exception of judgments allowed by the fraud of the husband in com- bination with another ; " and referring to the allegation of its injustice and wrong ...
... equity , " are barred by judgments at law as much as other persons with the single exception of judgments allowed by the fraud of the husband in com- bination with another ; " and referring to the allegation of its injustice and wrong ...
Σελίδα 30
... equity under our former system and equally so under our present system of courts , to be , that whenever it appears from the case as made by a plaintiff , or the answer of a defendant , or both , that an account must be taken and that ...
... equity under our former system and equally so under our present system of courts , to be , that whenever it appears from the case as made by a plaintiff , or the answer of a defendant , or both , that an account must be taken and that ...
Σελίδα 31
... Equity Pleading that when it appears from the pleadings that the share or amount due a plaintiff alone or others in the same situation cannot be de- termined until the rights of others are first ascertained , it will be required that ...
... Equity Pleading that when it appears from the pleadings that the share or amount due a plaintiff alone or others in the same situation cannot be de- termined until the rights of others are first ascertained , it will be required that ...
Σελίδα 32
... equity and good conscience . Danl . Ch . Pr . , 1192. Tested by this definition , the decree in this case will appear to be faulty in several particulars : It adjudges a recovery by the plaintiff for the assets found due , and then ...
... equity and good conscience . Danl . Ch . Pr . , 1192. Tested by this definition , the decree in this case will appear to be faulty in several particulars : It adjudges a recovery by the plaintiff for the assets found due , and then ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse possession affidavit Affirmed alleged appeal applied assets assigned attorney authority bank bill bond cause certiorari charge choses in action cited and approved CIVIL ACTION claim clerk commissioners common law constitution contract conveyed counsel court of equity creditors damages debt debtor declared decree deed defendant defendant's Devereux discharge docketed dollars duty entitled equity error evidence execution executor facts fendant filed fund ground guardian held Honor husband indictment interest issue Jones Joseph Dixon judge judgment jurisdiction jury justice land legislature liability lien ment Messrs mortgage motion opinion paid parties payment person plaintiff possession probate court proceedings prosecutor purchase R. R. Co recover refused rule secured sheriff SMITH Spring Term statute superior court sureties testator thereof tiff tion TOLL BRIDGE tract trial tried at Spring trustee usurious verdict wife
Δημοφιλή αποσπάσματα
Σελίδα 194 - 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.
Σελίδα 209 - 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.
Σελίδα 476 - All corporations, whether they expire by their own limitation, or are otherwise dissolved, shall nevertheless be continued for the term of three years from such expiration or dissolution bodies corporate for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their...
Σελίδα 476 - ... necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation ; and the powers of such trustees or receivers may be continued as long as the chancellor shall think necessary for the purposes aforesaid.
Σελίδα 505 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Σελίδα 209 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Σελίδα 448 - J. This is an action brought by the plaintiff against the defendant to recover damages for an injury to his person resulting from the negligence of the defendant.
Σελίδα 289 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Σελίδα 113 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
Σελίδα 505 - That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.