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 78
Page 10
... appoint the appraisers either in term or vacation , while the clerk can do so only in vacation , and then only as representing the court . Click v . Railroad , 98-390 . Where , in such a proceeding , it was agreed that issues raised ...
... appoint the appraisers either in term or vacation , while the clerk can do so only in vacation , and then only as representing the court . Click v . Railroad , 98-390 . Where , in such a proceeding , it was agreed that issues raised ...
Page 18
... appointed in 1886 , the estate must be set- tled according to the law as it stood before July 1st , 1869. Brittain v . Dickson , 104-547 . CLARK'S CODE OF CIVIL PROCEDURE . 19 Guardian and administration Limutation of.
... appointed in 1886 , the estate must be set- tled according to the law as it stood before July 1st , 1869. Brittain v . Dickson , 104-547 . CLARK'S CODE OF CIVIL PROCEDURE . 19 Guardian and administration Limutation of.
Page 54
... appointed in 1841 is not himself protected by lapse of time against an action on his bond for an account of his trust fund ; but his sureties are discharged if the ward does not within three years after majority call upon the guardian ...
... appointed in 1841 is not himself protected by lapse of time against an action on his bond for an account of his trust fund ; but his sureties are discharged if the ward does not within three years after majority call upon the guardian ...
Page 59
... appointed does not vary the rule , as no explanation why the action was not brought within one year can avail . Taylor v . Iron Co. , 94-525 ; Best v . Town of Kinston , 106–205 . ( 6 ) Limitations upon right of action in contracts of ...
... appointed does not vary the rule , as no explanation why the action was not brought within one year can avail . Taylor v . Iron Co. , 94-525 ; Best v . Town of Kinston , 106–205 . ( 6 ) Limitations upon right of action in contracts of ...
Page 61
... appointed and duly qualified . In 1887 , the next of kin of the intes- tate brought an action on the bond of the original administrator , alleg- ing breaches of the bond , and for an account and settlement : Held , that accepting the ...
... appointed and duly qualified . In 1887 , the next of kin of the intes- tate brought an action on the bond of the original administrator , alleg- ing breaches of the bond , and for an account and settlement : Held , that accepting 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.