The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

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Edwards, Broughton & Company, 1884 - 470 Seiten
 

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Seite 46 - 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.
Seite 10 - 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.
Seite 47 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants...
Seite 43 - 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.
Seite 49 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Seite 69 - Secretary; 3. If against a minor under the age of fourteen years: to such minor personally, and also to his father, mother, or guardian; or if there be none within the State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Seite 157 - ... 2. That the property is wrongfully detained by the defendant : 3. The alleged cause of the detention thereof, according to his best knowledge, information and belief.
Seite 197 - ... to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the judgment debtor refuses to apply his property in satisfaction of the judgment ; 4.
Seite 73 - ... the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
Seite 330 - 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.

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