Revisal of 1905 of North Carolina: Prepared Under Chapter Three Hundred and Fourteen of the Laws of One Thousand Nine Hundred and Three, Volume 1

Front Cover
 

Contents

Reply 484486
129
Pleading general provisions 487504
130
Amendments 505514
133
Variance between pleading and proof 515517
135
Reference 518525
136
Verdict 550554
137
Judgment confessed 580582
152
Appeal 583614
153
Execution sales 641651
169
Betterments 652666
172
Supplemental proceedings 667684
175
Property exempt etc 685709
181
Special proceedings 710725
190
Arrest and bail 726757
193
Attachment 758789
200
Claim and delivery 790802
211
Controversy without action 803805
214
Injunction 806821
215
Mandamus 822824
219
Nuisance 825
220
Receivers 846849
224
Trust funds summarily protected 850852
226
Compromise 859863
227
Examination of parties 864872
229
Notices 878886
231
CLERKS SUPERIOR COURT
235
COMMISSIONERS OF AFFIDAVITS
247
COMMON LAW 16 CONSTABLES
249
CONTEMPT
251
CONVEYANCES
256
CORONERS
287
CORPORATION COMMISSION
290
CORPORATIONS
321
COSTS
354
COUNTY COMMISSIONERS
376
COUNTY PRISONS
387
COUNTY REVENUE
397
COUNTY TREASURER
400
COURTS JUSTICES
406
COURTSSUPERIOR
442
COURTSSUPREME
464
DESCENTS
470
DIVORCE AND ALIMONY
473
ELECTRIC COMPANIES
478
ESTATES
480
EVIDENCE
488
FENCES AND STOCK
512
GAMING CONTRACTS
520
GRANTS
522
GUARDIAN
550
HABEAS CORPUS
554
CONSTITUTION OF THE UNITED STATES CONSTITUTION OF NORTH CAROLINA
691
TOWNS 110
884
Time 887888
887
TRADEMARKS 112 Sc 111
893
WAREHOUSEMEN 113
911
WATER SUPPLIES 114
915
WEIGHTS AND MEASURES 115
920
WIDOWS 116 117
926
WILLS 118
934
CRIMINAL PROCEDURE 119
944
CRIMES 120
949
TABLE OF COMPARATIVE SECTION NUMBERS
1129
INDEX
1143
AUTHENTICATION OF RECORDS NATURALIZATION OF ALIENS
1155
REMOVAL OF CAUSES INDEX
1179
NECESSITY
1289
Copyright

Common terms and phrases

Popular passages

Page 676 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 129 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Page 664 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 677 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 655 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time ; 4. Must be payable to order or to bearer; and 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 682 - Where a bill of exchange has been protested for dishonor by non-acceptance, or protested for better security and is not overdue, any person not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon or for the honor of the person for whose account the bill is drawn.
Page 143 - In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 658 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 665 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 680 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.

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