The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437 σελίδες |
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Σελίδα xii
... rules of the Supreme Court since 1868 , many of which are of very great importance in the practice , and worthy of far more careful consideration than they have generally received from the profession . A collection of decisions ...
... rules of the Supreme Court since 1868 , many of which are of very great importance in the practice , and worthy of far more careful consideration than they have generally received from the profession . A collection of decisions ...
Σελίδα xii
... on petition of Owner , .... 66 VII . Mandamus ,. VIII . Rules of Practice adopted by the Supreme 352 359 Court ,. 363 66 IX . Cases adjudicating the Constitution of 1868 , 374 Farmer's & Merchant's Bank v . City of Charlotte ,
... on petition of Owner , .... 66 VII . Mandamus ,. VIII . Rules of Practice adopted by the Supreme 352 359 Court ,. 363 66 IX . Cases adjudicating the Constitution of 1868 , 374 Farmer's & Merchant's Bank v . City of Charlotte ,
Σελίδα 5
... rule laid down by the Chief Justice is in these words : " Any proceeding that under the old mode was commenced by a capias ad respondendum , including ejectment , or by a bill in equity for relief , is a civil action ; any proceeding ...
... rule laid down by the Chief Justice is in these words : " Any proceeding that under the old mode was commenced by a capias ad respondendum , including ejectment , or by a bill in equity for relief , is a civil action ; any proceeding ...
Σελίδα 20
... action , of the familiar equitable , rather than legal rules , methods and principles . " Pomeroy's Remedies and Rem . Rights , § 28 et seq . State , hereafter , but one form of action for 20 THE CODE - WITH NOTES AND DECISIONS . 20.
... action , of the familiar equitable , rather than legal rules , methods and principles . " Pomeroy's Remedies and Rem . Rights , § 28 et seq . State , hereafter , but one form of action for 20 THE CODE - WITH NOTES AND DECISIONS . 20.
Σελίδα 22
... rules of pleadings which prevailed in such actions , except in one or two cases , in which it has been intimated , apparently without much deliberation , that the common law rules of pleading still apply . See 291 note , and the cases ...
... rules of pleadings which prevailed in such actions , except in one or two cases , in which it has been intimated , apparently without much deliberation , that the common law rules of pleading still apply . See 291 note , and the cases ...
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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...