The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 σελίδες |
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Σελίδα 1
... effect the said section , and regulating the practice and procedure in civil actions , in the several courts of this State , do enact as follows : The Code of Civil Procedure is one act , and no part of it went into operation before the ...
... effect the said section , and regulating the practice and procedure in civil actions , in the several courts of this State , do enact as follows : The Code of Civil Procedure is one act , and no part of it went into operation before the ...
Σελίδα 7
... Effect of this Difference . - Altogether unconsciously , the logical in- stincts of the profession have led both the bar and the bench to give the full- est effect to both of these definitions , in the spheres they were respectively de ...
... Effect of this Difference . - Altogether unconsciously , the logical in- stincts of the profession have led both the bar and the bench to give the full- est effect to both of these definitions , in the spheres they were respectively de ...
Σελίδα 8
... effect has been given to the definition embodied in the Constitution . The civil action of the Code has also been universally recognized as mean- Ing the necessarily adversary actions cognizable by the Superior Courts , - those in which ...
... effect has been given to the definition embodied in the Constitution . The civil action of the Code has also been universally recognized as mean- Ing the necessarily adversary actions cognizable by the Superior Courts , - those in which ...
Σελίδα 21
... effect of such abolition , is discussed by the Court at length in the following cases : Parsley v . Nicholson , 65–207 ; Garrett v . Trotter , 65-430 ; Oates v . Gray , 66-442 ; Froelich v . So. Ex . Co. , 67—2 ; Moore v . Edmiston , 70 ...
... effect of such abolition , is discussed by the Court at length in the following cases : Parsley v . Nicholson , 65–207 ; Garrett v . Trotter , 65-430 ; Oates v . Gray , 66-442 ; Froelich v . So. Ex . Co. , 67—2 ; Moore v . Edmiston , 70 ...
Σελίδα 22
... effect on the 3d of July , 1868 , and the Code on the 24th of August of the same year - gave the bench and bar but little opportunity to familiarize themselves with its pro- visions before they were called upon to put it in practice ...
... effect on the 3d of July , 1868 , and the Code on the 24th of August of the same year - gave the bench and bar but little opportunity to familiarize themselves with its pro- visions before they were called upon to put it in practice ...
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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 |
Συχνά εμφανιζόμενοι όροι και φράσεις
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...