Revisal of 1908 of North Carolina: Being the Public and General Statutes of the State, Prepared by Authority of Chapter 522 of the Public Laws of 1907, and Annotated with Decisions of Supreme Court, Volume 1
Walker, Evans & Cogswell Company, 1908
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administrator adverse possession affidavit alimony alleged amendment appeal apply appointed Asso attorney Bank bond Brown cause of action certificate cited civil actions claim clerk Code commission commissioners complaint Comrs contract conveyance copy corporation costs Cotton Mills creditors criminal damages Davis debt debtor deceased deed deed of trust deemed defendant demurrer docket dollars duty entitled evidence execution executor fact filed granted hereunder homestead Ibid intestate issue Johnson Jones judge judgment judgment debtor jurisdiction jury justice land letters testamentary liable lien Lumber ment misjoinder Monday in March Monday in September Moore mortgage motion notice oath party payment peace personal property plaintiff pleadings probate proceedings purchaser Railroad record recover register of deeds registered Section merely referred sheriff Smith statute stockholders summons superior court supreme court sureties Taylor term therein thereof tion trial trust Williams Wilson witness
Page 232 - 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 or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Page 164 - 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 169 - 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 607 - ... shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 140 - ... 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 144 - This title does not affect actions against directors or stockholders of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.
Page 141 - If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his heirs or representatives may commence a new action within one year after the reversal.
Page 170 - 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 229 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.