The Code of Civil Procedure of North Carolina: With Notes and Decisions |
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Page 23
... ground that it is a " feigned issue , " there is nothing in the case to show the fact that it was one . Reade , J. , says , " This is evidently a feigned issue based upon a wager , to test the validity of certain bonds , said to have ...
... ground that it is a " feigned issue , " there is nothing in the case to show the fact that it was one . Reade , J. , says , " This is evidently a feigned issue based upon a wager , to test the validity of certain bonds , said to have ...
Page 33
... ground of fraud , in cases which heretofore were solely cognizable by Courts of Equity , the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting fraud ...
... ground of fraud , in cases which heretofore were solely cognizable by Courts of Equity , the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting fraud ...
Page 48
... ground that " much obscurity and confusion will result from a severance in the mode of defence , " in such cases and gives this illustration : " If the demurrer of the defendant A. be disposed of that will decide the merits of the case ...
... ground that " much obscurity and confusion will result from a severance in the mode of defence , " in such cases and gives this illustration : " If the demurrer of the defendant A. be disposed of that will decide the merits of the case ...
Page 64
... ground of such accident or fraud , the party making the application shall pay into court for the use of the opposing party five dollars , which shall not in any event be recovered back . Three days ' notice must be given of the motion ...
... ground of such accident or fraud , the party making the application shall pay into court for the use of the opposing party five dollars , which shall not in any event be recovered back . Three days ' notice must be given of the motion ...
Page 70
... ground for question or con- struction , and would appear to be the better method of proceeding , at least in cases where any doubt could possibly arise as to the " purpose . " Again , suppose a publication of notice to have been made ...
... ground for question or con- struction , and would appear to be the better method of proceeding , at least in cases where any doubt could possibly arise as to the " purpose . " Again , suppose a publication of notice to have been made ...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions ... Albion Winegar Tourgee,North Carolina No preview available - 2015 |
Common terms and phrases
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
Popular passages
Page 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.
Page 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...
Page 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...
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Page 56 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...