The Code of Civil Procedure of North Carolina: With Notes and Decisions |
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Page xii
... Proceedings in Special Proceedings gene- rally , .. 320 66 II . To recover Widow's Years Support , .. 323 66 III . To obtain Dower , .. 329 66 IV . For Partition and Sale of Real and Personal Property ,. 334 66 66 V. Special Proceeding ...
... Proceedings in Special Proceedings gene- rally , .. 320 66 II . To recover Widow's Years Support , .. 323 66 III . To obtain Dower , .. 329 66 IV . For Partition and Sale of Real and Personal Property ,. 334 66 66 V. Special Proceeding ...
Page 2
... proceedings . 2. - Actions . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party , for the enforce- ment or protection of a right , the redress or prevention of with it , but the writer ...
... proceedings . 2. - Actions . An action is an ordinary proceeding in a court of justice , by which a party prosecutes another party , for the enforce- ment or protection of a right , the redress or prevention of with it , but the writer ...
Page 3
... Proceedings . Every other remedy is a special proceeding . 66 Any proceeding which , under the old practice might be com- menced by petition or motion upon notice , is a ' Special Pro- ceeding . " Tate v . Powe , 64–644 . A proceeding ...
... Proceedings . Every other remedy is a special proceeding . 66 Any proceeding which , under the old practice might be com- menced by petition or motion upon notice , is a ' Special Pro- ceeding . " Tate v . Powe , 64–644 . A proceeding ...
Page 4
... proceeding against a person charged with crime , while the term " indictment " applies only to a single step in that proceeding . This view seems to be rendered necessary by the definition of criminal action in Sec . 1 , Art . IV ...
... proceeding against a person charged with crime , while the term " indictment " applies only to a single step in that proceeding . This view seems to be rendered necessary by the definition of criminal action in Sec . 1 , Art . IV ...
Page 5
... proceeding . " Judge Battle suggested , that " whenever the proceeding may be ex parte , it is a Special Proceeding . " Justice Rodman says " I think those actions are special proceedings , in which existing statutes , direct a ...
... proceeding . " Judge Battle suggested , that " whenever the proceeding may be ex parte , it is a Special Proceeding . " Justice Rodman says " I think those actions are special proceedings , in which existing statutes , direct a ...
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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...