The Code of Civil Procedure of North Carolina: With Notes and Decisions |
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Page xii
... common reason not to receive the hearty endorsement of a people very much inclined to think for themselves , in matters affecting their personal interest . It is believed that the Code , also , is fast overcoming the prejudice with ...
... common reason not to receive the hearty endorsement of a people very much inclined to think for themselves , in matters affecting their personal interest . It is believed that the Code , also , is fast overcoming the prejudice with ...
Page 5
... , under the Code . 2. It presupposes the minutest knowledge of the intricacies and artificial subtleties of the common law system , as a condition precedent to a compre- 7. - Remedies not Merged . Where the violation of REMEDIES . 5.
... , under the Code . 2. It presupposes the minutest knowledge of the intricacies and artificial subtleties of the common law system , as a condition precedent to a compre- 7. - Remedies not Merged . Where the violation of REMEDIES . 5.
Page 6
... common law system and adopts a new one . " 3. It is not only “ judicial legislation , " as the Chief Justice admits it to be , but in direct repugnance to the express provisions , both of the Constitution and the Code . Statutory ...
... common law system and adopts a new one . " 3. It is not only “ judicial legislation , " as the Chief Justice admits it to be , but in direct repugnance to the express provisions , both of the Constitution and the Code . Statutory ...
Page 7
... common law and equity forms , already extant , but not inconsistent with them . In our case , however , it was sepa- rrted from this relation and put in the Constitution as the root of the Code system . As such it precedes and dominates ...
... common law and equity forms , already extant , but not inconsistent with them . In our case , however , it was sepa- rrted from this relation and put in the Constitution as the root of the Code system . As such it precedes and dominates ...
Page 8
... common law , but the habit of calling certain frequently used and approved forms of declaration by specific names , finally established them as distinct and separate , technical forms of action . To prevent this and to preserve the ...
... common law , but the habit of calling certain frequently used and approved forms of declaration by specific names , finally established them as distinct and separate , technical forms of action . To prevent this and to preserve the ...
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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...