The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437페이지 |
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xii 페이지
... Homestead 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 ,
... Homestead 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 ,
87 페이지
... homestead , but the same not having been laid off by metes and bounds , the court cannot grant a writ of possession . Littlejohn v . Egerton , 76-468 . A complaint alleging that the defendant was the guardian of the plaintiff , has ...
... homestead , but the same not having been laid off by metes and bounds , the court cannot grant a writ of possession . Littlejohn v . Egerton , 76-468 . A complaint alleging that the defendant was the guardian of the plaintiff , has ...
128 페이지
... homestead exemption , and the sums thus sworn to shall not be less in the aggregate , than the penalty of the bond . 138. - Bond - how approved , & c . The approval of said bond , by the commissioners or a majority of them , shall be ...
... homestead exemption , and the sums thus sworn to shall not be less in the aggregate , than the penalty of the bond . 138. - Bond - how approved , & c . The approval of said bond , by the commissioners or a majority of them , shall be ...
237 페이지
... homestead , to be laid off as exempt , the appraisers shall make such election for him , including always the dwelling and build- ings used therewith . 274.g - Appraisal of personal property . [ Acts of 1868 - '69 , Chapter 137 ...
... homestead , to be laid off as exempt , the appraisers shall make such election for him , including always the dwelling and build- ings used therewith . 274.g - Appraisal of personal property . [ Acts of 1868 - '69 , Chapter 137 ...
238 페이지
... homestead or personal property exemptions , when the same is made under execution , shall be charged and included in the officer's bill of fees upon such execution or other final process ; and , when made upon the petition of the owner ...
... homestead or personal property exemptions , when the same is made under execution , shall be charged and included in the officer's bill of fees upon such execution or other final process ; and , when made upon the petition of the owner ...
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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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46 페이지 - 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.
50 페이지 - 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...
127 페이지 - ... 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...
126 페이지 - 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...
54 페이지 - 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.
57 페이지 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
54 페이지 - 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.
138 페이지 - 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.
119 페이지 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
56 페이지 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...