North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 81Nichols & Gorman, book and job printers, 1879 Cases argued and determined in the Supreme Court of North Carolina. |
Other editions - View all
Common terms and phrases
adverse possession affidavit Affirmed alleged appeal applied assets assigned attorney authority bank bill bond cause certiorari charge choses in action cited and approved CIVIL ACTION claim clerk commissioners common law constitution contract conveyed counsel court of equity creditors damages debt debtor declared decree deed defendant defendant's Devereux discharge docketed dollars duty entitled equity error evidence execution executor facts fendant filed fund ground guardian held Honor husband indictment interest issue Jones Joseph Dixon judge judgment jurisdiction jury justice land legislature liability lien ment Messrs mortgage motion opinion paid parties payment person plaintiff possession probate court proceedings prosecutor purchase R. R. Co recover refused rule secured sheriff SMITH Spring Term statute superior court sureties testator thereof tiff tion TOLL BRIDGE tract trial tried at Spring trustee usurious verdict wife
Popular passages
Page 194 - 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 209 - 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 476 - All corporations, whether they expire by their own limitation, or are otherwise dissolved, shall nevertheless be continued for the term of three years from such expiration or dissolution bodies corporate for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their...
Page 476 - ... necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation ; and the powers of such trustees or receivers may be continued as long as the chancellor shall think necessary for the purposes aforesaid.
Page 505 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Page 209 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 448 - J. This is an action brought by the plaintiff against the defendant to recover damages for an injury to his person resulting from the negligence of the defendant.
Page 289 - 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 113 - 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 505 - That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.