The Code of Civil Procedure of North Carolina: With Notes and Decisions |
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Page 45
... allegations thereof , the costs and expenses of which said answer , in all applications to sell or divide the real estate of said infants , shall be paid out of the proceeds of the property , or in case of a division , shall be charged ...
... allegations thereof , the costs and expenses of which said answer , in all applications to sell or divide the real estate of said infants , shall be paid out of the proceeds of the property , or in case of a division , shall be charged ...
Page 76
... allegations of the pleading were utterly at variance with the facts on which the plaintiff rested his right of ... alleged in the complaint and these must be met either ( 1 ) by a specific denial of all , or , ( 2 ) by an admission ...
... allegations of the pleading were utterly at variance with the facts on which the plaintiff rested his right of ... alleged in the complaint and these must be met either ( 1 ) by a specific denial of all , or , ( 2 ) by an admission ...
Page 77
... alleged that the defendant " promised " to pay , it was bad , but if he said he " agreed " to pay it was good ... alleged , in order that they may be spe- cifically denied , instead of being connectedly averred and only inferentially ...
... alleged that the defendant " promised " to pay , it was bad , but if he said he " agreed " to pay it was good ... alleged , in order that they may be spe- cifically denied , instead of being connectedly averred and only inferentially ...
Page 79
... alleged in the complaint . Whether a judgment in an action in which the complaint alleged a certain estate , would be an estoppel between the parties , is a ques- tion too nice to be decided until the case shall arise for consideration ...
... alleged in the complaint . Whether a judgment in an action in which the complaint alleged a certain estate , would be an estoppel between the parties , is a ques- tion too nice to be decided until the case shall arise for consideration ...
Page 84
... alleged that the deed given by him has been lost and the execution of a new one is sought . McMillan v . Edwards , 75-81 . In an action arising out of the fraudulent conduct of 84 THE CODE - WITH NOTES AND DECISIONS .
... alleged that the deed given by him has been lost and the execution of a new one is sought . McMillan v . Edwards , 75-81 . In an action arising out of the fraudulent conduct of 84 THE CODE - WITH NOTES AND DECISIONS .
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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...