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 |
From inside the book
Results 1-5 of 88
Page 16
... statute of presumption of payment , and not the statute of limi- tations , is applicable to an action on an administration bond executed in 1859 and for a breach prior to August 24 , 1868 , and the action being brought within ten years ...
... statute of presumption of payment , and not the statute of limi- tations , is applicable to an action on an administration bond executed in 1859 and for a breach prior to August 24 , 1868 , and the action being brought within ten years ...
Page 17
... statute of limitations and the law in force prior thereto . Gaither v . Sain , 91-304 . There was no statute of limitations barring actions upon notes under seal executed , or judgments rendered , prior to 1868. A presumption of payment ...
... statute of limitations and the law in force prior thereto . Gaither v . Sain , 91-304 . There was no statute of limitations barring actions upon notes under seal executed , or judgments rendered , prior to 1868. A presumption of payment ...
Page 18
... statute of presumptions ought to embrace the whole period . Grant v . Gooch , 105-278 . When there is no administration . - When more than ten years have elapsed since the right of action arose , but during a period of that time there ...
... statute of presumptions ought to embrace the whole period . Grant v . Gooch , 105-278 . When there is no administration . - When more than ten years have elapsed since the right of action arose , but during a period of that time there ...
Page 19
... statute of presumptions ( Rev. Code , ch . 65 , sec . 18 ) , providing that " the presumption of payment , satisfaction of all judg ments , decrees , " etc. , *** " shall arise within ten years after the right of action shall have ...
... statute of presumptions ( Rev. Code , ch . 65 , sec . 18 ) , providing that " the presumption of payment , satisfaction of all judg ments , decrees , " etc. , *** " shall arise within ten years after the right of action shall have ...
Page 21
... statute does not apply . - To actions on contracts where the contract was made since May 1 , 1865. This doctrine is ... statute . The suspension of the statute from May , 1861 , to January , 1870 , does not place plaintiffs on the same ...
... statute does not apply . - To actions on contracts where the contract was made since May 1 , 1865. This doctrine is ... statute . The suspension of the statute from May , 1861 , to January , 1870 , does not place plaintiffs on the same ...
Other editions - View all
Common terms and phrases
action to recover administrator adverse adverse possession affidavit alleged allowed amendment answer appeal apply appointed assigned attorney barred bond brought cause of action certiorari civil action CIVIL PROCEDURE claim and delivery 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 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.