Revisal of 1908 of North Carolina: Being the Public and General Statutes of the State, Prepared by Authority of Chapter 522 of the Public Laws of 1907, and Annotated with Decisions of Supreme Court, Svazek 1
Walker, Evans & Cogswell Company, 1908
Co říkají ostatní - Napsat recenzi
Na obvyklých místech jsme nenalezli žádné recenze.
Další vydání - Zobrazit všechny
action administrator affidavit allowed amendment amount answer appeal apply appointed attachment attorney authorized Bank bond Brown cause certificate chapter charge civil claim clerk Code commission commissioners competent complaint Comrs continue contract copy corporation costs creditors criminal damages Davis debt deed defendant direct docket duty effect entitled evidence examination execution executor fact filed give given granted held interest issue Jones judge judgment jurisdiction jury justice land liable manner March matter Monday Moore mortgage motion necessary notice paid party payment peace person plaintiff pleadings possession proceedings proper purchaser Railroad receiver record recover referred refusal registered rendered resident rules served sheriff Smith statute sufficient summons superior court supreme court sureties taken term thereof tion trial trust unless weeks wife Wilson witness
Strana 236 - 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 or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Strana 168 - 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 173 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Strana 611 - ... shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Strana 144 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Strana 148 - This title does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.
Strana 145 - If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.
Strana 174 - 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 233 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.