The Code of Civil Procedure of North Carolina: With Notes and Decisions to December, 1891 (including Some Decisions in the 109 N.C. Reports) : with the Rules of the Supreme and Superior Courts, and the Adjudications Thereon |
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Page 701
... page of the size of the page in the North Carolina Reports , for each page of one copy of the record printed , not exceeding twenty pages , unless otherwise specially allowed by the court , to be taxed in the bill of costs ; and if the ...
... page of the size of the page in the North Carolina Reports , for each page of one copy of the record printed , not exceeding twenty pages , unless otherwise specially allowed by the court , to be taxed in the bill of costs ; and if the ...
Page 5
... pages of the Second Edition . ] Page 5. If ancillary remedy is unwarranted . -All forms of actions having been abolished , an allegation in the complaint , in an action to recover rent , that defendant wrongfully detains the crop on ...
... pages of the Second Edition . ] Page 5. If ancillary remedy is unwarranted . -All forms of actions having been abolished , an allegation in the complaint , in an action to recover rent , that defendant wrongfully detains the crop on ...
Page 12
... Page 46. Applies only where right of action has accrued . This sec- tion applies to those claims upon which the right of action had accrued at the time of such qualification . As to those upon which the right of action subsequently ...
... Page 46. Applies only where right of action has accrued . This sec- tion applies to those claims upon which the right of action had accrued at the time of such qualification . As to those upon which the right of action subsequently ...
Page 13
... page 53. Demand and refusal . - The plaintiff might have begun his action against sureties on the bond immediately after his demand upon the executors of the administrators and their refusal , and the statute runs from that date . Gill ...
... page 53. Demand and refusal . - The plaintiff might have begun his action against sureties on the bond immediately after his demand upon the executors of the administrators and their refusal , and the statute runs from that date . Gill ...
Page 17
... Page 64. When summons is " issued . " — A summons is " issued , " so as to prevent the running of the statute of limitations , only after it has passed from the hands of the Clerk to be delivered to the Sheriff for service . A summons ...
... Page 64. When summons is " issued . " — A summons is " issued , " so as to prevent the running of the statute of limitations , only after it has passed from the hands of the Clerk to be delivered to the Sheriff for service . A summons ...
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Common terms and phrases
action to recover administrator adverse adverse possession affidavit alleged allowed amendment answer appeal apply appointed assigned attorney Bank barred bond brought cause of action certiorari civil action CIVIL PROCEDURE CLARK'S CODE clerk CODE OF CIVIL Com'rs Commissioners complaint contract costs counsel counterclaim creditor damages debt deceased deed defendant demand demurrer discretion dismissed docketed entitled equity error evidence excusable neglect execution exemption facts feme covert filed forma pauperis fraud granted guardian guardian ad litem homestead injunction irregular issue Jones judge judgment debtor jurisdiction jury justice land lien ment misjoinder Moore mortgage motion notice officer party payment pending personal property plaintiff pleadings possession proper purchaser Railroad record reference refusal remedy rendered Rule sheriff Smith special proceeding statute of limitations sufficient suit summons superior court supreme court sureties tenant term thereof tion transcript trial trust undertaking unless vacate verdict writ
Popular passages
Page 93 - 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.
Page 13 - 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.
Page 95 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants...
Page 66 - ... 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.
Page 62 - In an action brought to recover a balance due upon a mutual, open and current, account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 98 - ... 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.
Page 64 - State; and if, after such cause of action shall have accrued, such person shall depart from and reside out of this State, or remain continuously absent therefrom for the space of one year or more, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 281 - ... if they or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Page 213 - 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...
Page 555 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.