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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Results 1-5 of 88
Page 21
... objection that the action was not commenced within the time limited , can only be taken by answer . Objection must be taken by answer . - Pegram v . Stoltz , 67-144 ; Privett v . Calloway , 75-233 ; Green v . Railroad Co. , 73-524 ...
... objection that the action was not commenced within the time limited , can only be taken by answer . Objection must be taken by answer . - Pegram v . Stoltz , 67-144 ; Privett v . Calloway , 75-233 ; Green v . Railroad Co. , 73-524 ...
Page 22
... Objection cannot be taken by demurrer . -The statute of limitations must be pleaded as a defence in the answer , and cannot be set up by demur- Bason v . Berry , 85-124 . rer . Nor by motion to dismiss or vacate . - The defence of the ...
... Objection cannot be taken by demurrer . -The statute of limitations must be pleaded as a defence in the answer , and cannot be set up by demur- Bason v . Berry , 85-124 . rer . Nor by motion to dismiss or vacate . - The defence of the ...
Page 77
... objection that an action upon an administrator's bond was not brought in the name of the state must be made in apt time . Brown v . McKee , 108-387 . The share of an infant in an estate in the hands of his guardian is capable of being ...
... objection that an action upon an administrator's bond was not brought in the name of the state must be made in apt time . Brown v . McKee , 108-387 . The share of an infant in an estate in the hands of his guardian is capable of being ...
Page 100
... objection by answer under 241 , cannot take advantage of it afterward . Lewis v . McNatt , 65-63 . In the supreme court . - If it should appear from the record on appeal that other parties are necessary to a final determination of the ...
... objection by answer under 241 , cannot take advantage of it afterward . Lewis v . McNatt , 65-63 . In the supreme court . - If it should appear from the record on appeal that other parties are necessary to a final determination of the ...
Page 112
... objection is taken to the venue in the superior court , it cannot be taken in the supreme court on appeal . Devereux v . Devereux , 81-12 . If objection to the venue is not taken by the party entitled to take it , the trial can proceed ...
... objection is taken to the venue in the superior court , it cannot be taken in the supreme court on appeal . Devereux v . Devereux , 81-12 . If objection to the venue is not taken by the party entitled to take it , the trial can proceed ...
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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.