The Code of Civil Procedure of North Carolina: With Notes and Decisions to July 1900 : with the Rules of the Supreme and Superior Courts, and the Adjudications Thereon, and an AppendixNash Bros., Law Printers, 1900 - 1054 páginas |
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The Code of Civil Procedure of North Carolina, with Notes and Decisions to ... Walter Clark Sin vista previa disponible - 2017 |
The Code of Civil Procedure of North Carolina, with Notes and Decisions to ... Walter Clark Sin vista previa disponible - 2017 |
Términos y frases comunes
action to recover administrator adverse adverse possession affidavit alleged allowed amendment answer appeal apply appointed assigned Bank barred bond brought cause of action certiorari cited claim and delivery clerk Code Commissioners complaint contract costs counsel counterclaim court of equity creditor damages debt deceased deed defendant demand demurrer discretion dismissed docketed entitled equitable error evidence excusable neglect execution executor exemption facts feme covert filed forma pauperis fraud granted guardian guardian ad litem Held homestead injunction irregular issue Jones judgment debtor jurisdiction jury justice land levy liable lien ment misjoinder mortgage motion nonsuit notice officer party payment pending personal property plaintiff pleadings possession proper purchaser Railroad record reference refusal rendered sheriff Smith special proceeding statute of limitations sufficient suit summons superior court supreme court sureties tenant term thereof tion trial judge trust unless vacate verdict waived witness
Pasajes populares
Página 125 - 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.
Página 15 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Página 117 - 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.
Página 235 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Página 86 - ... 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.
Página 368 - ... 2. That the property is wrongfully detained by the defendant : 3. The alleged cause of the detention thereof, according to his best knowledge, information and belief.
Página 132 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Página 436 - ... to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the judgment debtor refuses to apply his property in satisfaction of the judgment ; 4.
Página 288 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Página 281 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...