The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 σελίδες |
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Σελίδα 7
... apply only to causes of action of which the Superior Court has jurisdiction , any more than to actions in the Courts of Justices of the Peace , or Probate Courts . It was not intended sim- ply to mark the line which separates the ...
... apply only to causes of action of which the Superior Court has jurisdiction , any more than to actions in the Courts of Justices of the Peace , or Probate Courts . It was not intended sim- ply to mark the line which separates the ...
Σελίδα 8
... apply Ing for relief , having made the proper parties , and set forth the facts which constitute his cause of action , in ordinary and concise language , and made due proof thereof , may receive any relief within the verge of the ...
... apply Ing for relief , having made the proper parties , and set forth the facts which constitute his cause of action , in ordinary and concise language , and made due proof thereof , may receive any relief within the verge of the ...
Σελίδα 22
... apply . See 291 note , and the cases there cited . The distinction between suits in equity and the forms of such ... application , and clear exposition , of the true principles of the reformed procedure . In no other which has fallen ...
... apply . See 291 note , and the cases there cited . The distinction between suits in equity and the forms of such ... application , and clear exposition , of the true principles of the reformed procedure . In no other which has fallen ...
Σελίδα 30
... apply to ac- tions by the State , 32.6 Claims rejected by personal 39 . Action upon an account cur- representative . rent , when the cause of ac- tion accrues . 33. Six years . 30. - Periods of Limitation prescribed . The periods ...
... apply to ac- tions by the State , 32.6 Claims rejected by personal 39 . Action upon an account cur- representative . rent , when the cause of ac- tion accrues . 33. Six years . 30. - Periods of Limitation prescribed . The periods ...
Σελίδα 35
... applies to an action brought by the creditors of a partnership to hold an individual creditor of one of the partners ... apply to civil actions brought in the name of the State , or for its benefit , in the same manner as to actions by ...
... applies to an action brought by the creditors of a partnership to hold an individual creditor of one of the partners ... apply to civil actions brought in the name of the State , or for its benefit , in the same manner as to actions by ...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions ... Albion Winegar Tourgee,North Carolina Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2015 |
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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
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Σελίδα 56 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...