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 86
Page 11
... recover the possession , the_superior court has no jurisdiction to order a partition of the land . Leeper v . Neagle , 94-338 . What are not Special Proceedings . — A suit to recover possession of land is not a Special Proceeding ...
... recover the possession , the_superior court has no jurisdiction to order a partition of the land . Leeper v . Neagle , 94-338 . What are not Special Proceedings . — A suit to recover possession of land is not a Special Proceeding ...
Page 14
... recover the money , embraces the case where the person sued received the money in conse- quence of the action of a court whose jurisdiction and process he invoked for that purpose . Olive v . Olive , 95-485 . When the action is based ...
... recover the money , embraces the case where the person sued received the money in conse- quence of the action of a court whose jurisdiction and process he invoked for that purpose . Olive v . Olive , 95-485 . When the action is based ...
Page 24
... recover land the plaintiff must recover upon the strength of his own title ; and it is incumbent on him to show a grant from the state , or possession sufficiently long to pre- sume a graut , or that the defendant is estopped to deny ...
... recover land the plaintiff must recover upon the strength of his own title ; and it is incumbent on him to show a grant from the state , or possession sufficiently long to pre- sume a graut , or that the defendant is estopped to deny ...
Page 28
... recover land , the defendants show adverse pos- session under color of title for seven years , under known and visible lines and boundaries , continuous and successive , and next preceding the institution of this action , the plaintiffs ...
... recover land , the defendants show adverse pos- session under color of title for seven years , under known and visible lines and boundaries , continuous and successive , and next preceding the institution of this action , the plaintiffs ...
Page 30
... recover land , the court charged the jury that title hav- ing been shown to be out of the state , a plaintiff can show title " first by a paper title ; second , by adverse possession for seven years , under known and visible boundaries ...
... recover land , the court charged the jury that title hav- ing been shown to be out of the state , a plaintiff can show title " first by a paper title ; second , by adverse possession for seven years , under known and visible boundaries ...
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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.