The Code of Civil Procedure of North Carolina: With Notes and DecisionsJohn Nichols, 1878 - 437ÆäÀÌÁö |
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5 ÆäÀÌÁö
... objections : 1. It is based on the assumption that the Constitution , in this respect , was framed in contemplation of the laws previously in force , when , by its ex- press provisions , " the forms of all actions at law and suits in ...
... objections : 1. It is based on the assumption that the Constitution , in this respect , was framed in contemplation of the laws previously in force , when , by its ex- press provisions , " the forms of all actions at law and suits in ...
22 ÆäÀÌÁö
... objections to this view are much less than they would otherwise have been . In the making of parties , the pronouncing of several judgments between them , whether plaintiffs or defendants , the interpleading of persons not par- ties of ...
... objections to this view are much less than they would otherwise have been . In the making of parties , the pronouncing of several judgments between them , whether plaintiffs or defendants , the interpleading of persons not par- ties of ...
24 ÆäÀÌÁö
... objection must be taken by answer . in general . 16. — Time of commencing Actions in General . The provisions contained in chapter sixty - five of the Revised Code , entitled " Limitations , " are repealed , and the provisions of this ...
... objection must be taken by answer . in general . 16. — Time of commencing Actions in General . The provisions contained in chapter sixty - five of the Revised Code , entitled " Limitations , " are repealed , and the provisions of this ...
25 ÆäÀÌÁö
... objection that the action was not commenced within the time limited , can only be taken by answer . Objection must be taken by answer . Pegram v . Stoltz , 67-144 ; Privett . Calloway , 75-233 ; Green v . N. C. R. R. Co. , 73-524 . When ...
... objection that the action was not commenced within the time limited , can only be taken by answer . Objection must be taken by answer . Pegram v . Stoltz , 67-144 ; Privett . Calloway , 75-233 ; Green v . N. C. R. R. Co. , 73-524 . When ...
43 ÆäÀÌÁö
... objections made to the Code of Procedure , was in regard to the provisions for making infants parties . That those proceedings were somewhat cumbrous and minute , is very true , but it may be fairly doubted whether the amendment soon ...
... objections made to the Code of Procedure , was in regard to the provisions for making infants parties . That those proceedings were somewhat cumbrous and minute , is very true , but it may be fairly doubted whether the amendment soon ...
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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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - Claims against a trustee by virtue of a contract, or by operation of law; 5.
56 ÆäÀÌÁö - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...