The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - Počet stran: 437 |
Vyhledávání v knize
Výsledky 1-5 z 72
Strana 1
... Title II and Chapter VIII of Title VIII . This has , very properly , been decided by the court , to be one act . The other acts included in that volume , were directed to be published 1. - Remedies . Remedies in the courts of justice PAGE.
... Title II and Chapter VIII of Title VIII . This has , very properly , been decided by the court , to be one act . The other acts included in that volume , were directed to be published 1. - Remedies . Remedies in the courts of justice PAGE.
Strana 2
... justice are divided into- 1. Actions , 2. Special proceedings . 2. - Actions . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party , for the enforce- ment or protection of a right , the ...
... justice are divided into- 1. Actions , 2. Special proceedings . 2. - Actions . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party , for the enforce- ment or protection of a right , the ...
Strana 4
... Justice delivering the opinion . In order to arrive at this conclusion , it becomes necessary to use the term indictment in the broad secondary sense of a prosecution , rather than in the narrower sense of a bill found by a grand jury ...
... Justice delivering the opinion . In order to arrive at this conclusion , it becomes necessary to use the term indictment in the broad secondary sense of a prosecution , rather than in the narrower sense of a bill found by a grand jury ...
Strana 5
... Justice Rodman , in Woodley v . Gilliam , supra . The 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 ...
... Justice Rodman , in Woodley v . Gilliam , supra . The 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 ...
Strana 6
... Justice admits it to be , but in direct repugnance to the express provisions , both of the Constitution and the Code . Statutory definitions of “ Civil Action . " - It seems to have escaped the attention of the court that , while the ...
... Justice admits it to be , but in direct repugnance to the express provisions , both of the Constitution and the Code . Statutory definitions of “ Civil Action . " - It seems to have escaped the attention of the court that , while the ...
Další vydání - Zobrazit všechny
The Code of Civil Procedure of North Carolina: With Notes and Decisions ... Albion Winegar Tourgee,North Carolina Náhled není k dispozici. - 2015 |
Běžně se vyskytující výrazy a sousloví
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
Oblíbené pasáže
Strana 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.
Strana 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...
Strana 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...
Strana 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...
Strana 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.
Strana 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...
Strana 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.
Strana 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.
Strana 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Strana 56 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...