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 99
... record . Where it appears from the record that a person was a party to an action , when in fact he was not , the legal presumption that he was a party is conclusive , until removed by a correction of the record itself , by a direct ...
... record . Where it appears from the record that a person was a party to an action , when in fact he was not , the legal presumption that he was a party is conclusive , until removed by a correction of the record itself , by a direct ...
Page 100
... record . Southall v . Shields , 81-28 . Reversionary interest . — Persons having a reversionary interest in land are necessary parties in a proceeding for partition thereof . Bell v . Adams , 82-118 . Joint obligations . - The rule of ...
... record . Southall v . Shields , 81-28 . Reversionary interest . — Persons having a reversionary interest in land are necessary parties in a proceeding for partition thereof . Bell v . Adams , 82-118 . Joint obligations . - The rule of ...
Page 110
... record . The " parties " plaintiff and defendant in the con- templation of this section , are the parties of record , and no objection to the venue can be taken by pleading that a party for whose benefit an action is brought , lives in ...
... record . The " parties " plaintiff and defendant in the con- templation of this section , are the parties of record , and no objection to the venue can be taken by pleading that a party for whose benefit an action is brought , lives in ...
Page 114
... record of said action to be removed to some adjacent county for trial , if he shall be satisfied that a fair trial can- not be had in said county , after hearing all the testimony which may be offered on either side by affidavits ...
... record of said action to be removed to some adjacent county for trial , if he shall be satisfied that a fair trial can- not be had in said county , after hearing all the testimony which may be offered on either side by affidavits ...
Page 115
... record of the case , with the prosecution bond , bail bond , and the depositions , and all other written evidences filed therein . Contradictory transcripts . - Where , upon the removal of a cause , two contradictory transcripts of the ...
... record of the case , with the prosecution bond , bail bond , and the depositions , and all other written evidences filed therein . Contradictory transcripts . - Where , upon the removal of a cause , two contradictory transcripts of the ...
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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.