The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - Počet stran: 437 |
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Strana 3
... notice , is a ' Special Pro- ceeding . " Tate v . Powe , 64–644 . A proceeding " to obtain damages for the erection of a mill , is a Special Proceeding . Sumner v . Miller , 64-688 . Also , a petition by an Executor or Administrator to ...
... notice , is a ' Special Pro- ceeding . " Tate v . Powe , 64–644 . A proceeding " to obtain damages for the erection of a mill , is a Special Proceeding . Sumner v . Miller , 64-688 . Also , a petition by an Executor or Administrator to ...
Strana 5
... notice , is a special proceeding . " Judge Battle suggested , that " whenever the proceeding may be ex parte , it is a Special Proceeding . " Justice Rodman says " I think those actions are special proceedings , in which existing ...
... notice , is a special proceeding . " Judge Battle suggested , that " whenever the proceeding may be ex parte , it is a Special Proceeding . " Justice Rodman says " I think those actions are special proceedings , in which existing ...
Strana 20
... notice for January , one thousand eight hundred and seventy- seven , shall be made within two days after the ratification of this act by the Secretary of State . 14. No judge shall ride the same circuit twice in succes- sion ; nor shall ...
... notice for January , one thousand eight hundred and seventy- seven , shall be made within two days after the ratification of this act by the Secretary of State . 14. No judge shall ride the same circuit twice in succes- sion ; nor shall ...
Strana 23
... notice to the adverse party . After a judgment fixing an administrator with assets and a return of nulla bona thereon , the proper mode to subject him personally , is by motion on notice , and not by an action . McDowell v . Asbury , 66 ...
... notice to the adverse party . After a judgment fixing an administrator with assets and a return of nulla bona thereon , the proper mode to subject him personally , is by motion on notice , and not by an action . McDowell v . Asbury , 66 ...
Strana 31
... notice in writing is made upon the creditor ; and a creditor thus barred of a recovery against the repre- sentative of any principal debtor , shall also be barred of a recovery against any surety to such debt . 232.a - Where personal ...
... notice in writing is made upon the creditor ; and a creditor thus barred of a recovery against the repre- sentative of any principal debtor , shall also be barred of a recovery against any surety to such debt . 232.a - Where personal ...
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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
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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...