reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-241 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 23 - Judgment.|§ 1-241 - Clerk to pay money to party entitled.

 1-241. Clerk to pay money to party entitled.The clerk, to whom money is paid as aforesaid, shall pay it to the party entitled to receive it, under the same rules and penalties as if the money had been paid into his office by virtue of an execution. (1823, c. 1212, s. 2, P.R.; R.C., c. 31, s. 128; Code, s. 439; Rev., s. 578; C.S., s. 619.)
NC Gen Stat § 1-242 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 23 - Judgment.|§ 1-242 - Credits upon judgments.

 1-242. Credits upon judgments.If payment is made on a judgment docketed in the office of the clerk of the superior court and no entry is made on the judgment docket, or if a docketed judgment is reversed or modified on appeal and no entry is made on the judgment docket, any interested person may move in the cause before the clerk, upon affidavit after notice to all interested persons, to have the credit, reversal, or modification entered. A hearing on the motion before the clerk may be on affidavit, oral testimony, deposition, and any other competent evidence. The clerk shall render judgment, from which any party may appeal in the same manner as in appeals in civil actions, in accordance with G.S. 1-301.1. On appeal, any party may demand a jury trial of any issue of fact. If a final judgment orders the credit, reversal, or modification, a transcript of the final judgment shall be sent by the clerk of the superior court to each county in which the original judgment is docketed, and the clerk of each county shall enter the transcript on the judgment docket of that county opposite the original judgment and file the transcript. No final process may issue on the original judgment after affidavit filed in the cause until there is a final disposition of the motion for credit, reversal, or modification.  (1903, c. 558; Rev., s. 579; C.S., s. 620; 1999-216, s. 3; 2010-96, s. 23.)
NC Gen Stat § 1-243 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 23 - Judgment.|§ 1-243 - For money due on judicial sale.

 1-243. For money due on judicial sale.The Supreme and other courts ordering a judicial sale, or having possession of bonds taken on such sale, may, on motion, after ten days' notice thereof in writing, enter judgment as soon as the money becomes due against the debtors or any of them, unless for good cause shown the court directs some other mode of collection. (R.C., c. 31, s. 129; Code, s. 941; Rev., s. 1524; C.S., s. 621.)
NC Gen Stat § 1-245 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 23 - Judgment.|§ 1-245 - Cancellation of judgments discharged through bankruptcy proceedings.

 1-245. Cancellation of judgments discharged through bankruptcy proceedings.When a referee in bankruptcy furnishes the clerk of the superior court of any county in this State a written statement or certificate to the effect that a bankrupt has been discharged, indicating in said certificate that the plaintiff or judgment creditor in whose favor judgments against the defendant bankrupt are docketed in the office of the clerk of the superior court have received due notice as provided by law from the said referee, and that said judgments have been discharged, it shall be the duty of the clerk of the superior court to file said certificate and enter a notation thereof on the margin of said judgments.This section shall apply to judgments of this kind already docketed as well as to future judgments of the same kind. (1937, c. 234, ss. 1-4; 1971, c. 268, s. 8.1.)
NC Gen Stat § 1-246 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 23 - Judgment.|§ 1-246 - Assignment of judgment to be entered on judgment docket, signed and witnessed.

 1-246. Assignment of judgment to be entered on judgment docket, signed and witnessed.No assignment of judgment shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor, or assignor, but from the entry of such assignment on the margin of the judgment docket opposite the said judgment, signed by the owner of said judgment, or his attorney under power of attorney or his attorney of record, and witnessed by the clerk or the deputy clerk of the superior court of the county in which said judgment is docketed: Provided, that when an assignment of judgment is duly executed by the owner or owners of the judgment and recorded in the office of the clerk of the superior court of the county in which the judgment is docketed and a specific reference thereto is made on the margin of the judgment docket opposite the judgment to be assigned, it shall operate as a complete and valid transfer and assignment of the judgment. (1941, c. 61; 1945, c. 154.)
NC Gen Stat § 1-253 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-253 - Courts of record permitted to enter declaratory judgments of rights, status and other legal relations.

 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations.Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree. (1931, c. 102, s. 1.)
NC Gen Stat § 1-254 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-254 - Courts given power of construction of all instruments.

 1-254. Courts given power of construction of all instruments.Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder. A contract may be construed either before or after there has been a breach thereof. (1931, c. 102, s. 2.)
NC Gen Stat § 1-255 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-255 - Who may apply for a declaration.

 1-255. Who may apply for a declaration.Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, a minor, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto:(1) To ascertain any class of creditors, devisees, heirs, next of kin or others; or(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.(4) To determine the apportionment of the federal estate tax, interest and penalties under the provisions of Article 27 of Chapter 28A.  (1931, c. 102, s. 3; 1985 (Reg. Sess., 1986), c. 878, s. 2; 2011-29, s. 1; 2011-284, s. 2.)
NC Gen Stat § 1-256 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-256 - Enumeration of declarations not exclusive.

 1-256. Enumeration of declarations not exclusive.The enumeration in G.S. 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in G.S. 1-253 in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. (1931, c. 102, s. 4.)
NC Gen Stat § 1-257 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-257 - Discretion of court.

 1-257. Discretion of court.The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding; provided, however, that a controversy between insurance companies, arising either by direct action or by joinder or intervention, with respect to which of two or more of the insurers is liable under its particular policy and the insurers' respective liabilities and obligations, constitutes a justiciable issue and the court should, upon petition by one or more of the parties to the action, render a declaratory judgment as to the liabilities and obligations of the insurers. (1931, c. 102, s. 5; 1989, c. 183.)
NC Gen Stat § 1-258 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-258 - Review.

 1-258. Review.All orders, judgment and decrees under this Article may be reviewed as other orders, judgments and decrees. (1931, c. 102, s. 6.)
NC Gen Stat § 1-259 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-259 - Supplemental relief.

 1-259. Supplemental relief.Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. (1931, c. 102, s. 7.)
NC Gen Stat § 1-260 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-260 - Parties.

 1-260. Parties.When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard. (1931, c. 102, s. 8.)
NC Gen Stat § 1-261 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-261 - Jury trial.

 1-261. Jury trial.When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. (1931, c. 102, s. 9.)
NC Gen Stat § 1-262 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-262 - Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear.

 1-262. Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear.Proceedings under this Article shall be tried at a session of court, as in other civil actions. If no issues of fact are raised, or if such issues are raised and the parties waive a jury trial, by agreement of the parties the proceedings may be heard before any judge of the trial division in which the proceeding is pending. If the parties do not agree upon a judge for the hearing and the proceeding is in the Superior Court Division, then upon motion of the plaintiff, the proceeding may be heard by a resident superior court judge of the district, or a superior court judge holding the courts of the district, or by any judge holding a session of superior court within the district. If the parties do not agree upon a judge and the proceeding is in the District Court Division, then upon motion of the plaintiff, the proceeding may be heard by the chief district judge or by a district judge authorized by the chief judge to hear motions and enter interlocutory orders. Such motion shall be in writing, with 10 days' notice to the defendant, and the judge designated shall fix a time and place for the hearing and notify the parties. Upon notice given, the clerk of the court in which the action is pending shall forward the papers in the proceeding to the judge designated. The hearing by the judge shall be governed by the practice for hearings in other civil actions before a judge without a jury. References to judges of the superior court in this section include emergency and special judges. (1931, c. 102, s. 10; 1971, c. 268, s. 9.)
NC Gen Stat § 1-263 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-263 - Costs.

 1-263. Costs.In any proceeding under this article the court may make such award of costs as may seem equitable and just. (1931, c. 102, s. 11.)
NC Gen Stat § 1-264 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-264 - Liberal construction and administration.

 1-264. Liberal construction and administration.This Article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally construed and administered. (1931, c. 102, s. 12.)
NC Gen Stat § 1-265 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-265 - Word "person" construed.

 1-265. Word "person" construed.The word "person" wherever used in this Article, shall be construed to mean any person, State agency, partnership, joint-stock company, unincorporated association, or society, or municipal corporation or other corporation of any character whatsoever. (1931, c. 102, s. 13; 2001-192, s. 3.)
NC Gen Stat § 1-266 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-266 - Uniformity of interpretation.

 1-266. Uniformity of interpretation.This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. (1931, c. 102, s. 15.)
NC Gen Stat § 1-267 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26 - Declaratory Judgments.|§ 1-267 - Short title.

 1-267. Short title.This Article may be cited as the Uniform Declaratory Judgment Act. (1931, c. 102, s. 16.)
NC Gen Stat § 1-267.10 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 26B - Distribution of Unpaid Residuals in Class Action Litigation.|§ 1-267.10 - Distribution of unpaid residuals in class action litigation.

 1-267.10. Distribution of unpaid residuals in class action litigation.(a) It is the intent of the General Assembly to ensure that the unpaid residuals in class action litigation are distributed, to the extent possible, in a manner designed either to further the purposes of the underlying causes of action or to promote justice for all citizens of this State. The General Assembly finds that the use of funds collected by the State courts pursuant to this section for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes.(b) Prior to the entry of any judgment or order approving settlement in a class action established pursuant to Rule 23 of the Rules of Civil Procedure, the court shall determine the total amount that will be payable to all class members, if all class members are paid the amount to which they are entitled pursuant to the judgment or settlement. The court shall also set a date when the parties shall report to the court the total amount that was actually paid to the class members. After the report is received, the court, unless it orders otherwise consistent with its obligations under Rule 23 of the Rules of Civil Procedure, shall direct the defendant to pay the sum of the unpaid residue, to be divided and credited equally, to the Indigent Person's Attorney Fund and to the North Carolina State Bar for the provision of civil legal services for indigents. (2005-420, s. 1.)
NC Gen Stat § 1-268 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-268 - Writs of error abolished.

 1-268. Writs of error abolished.Writs of error in civil actions are abolished, and the only mode of reviewing a judgment, or order, in a civil action, is that prescribed by this Chapter. (C.C.P., s. 296; Code, s. 544; Rev., s. 583; C.S., s. 629.)
NC Gen Stat § 1-269 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-269 - Certiorari, recordari, and supersedeas.

 1-269. Certiorari, recordari, and supersedeas.Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an appeal, may issue when ordered upon the applicant filing a written undertaking for the costs only; but the supersedeas, to suspend execution, shall not issue until an undertaking is filed or a deposit made to secure the judgment sought to be vacated, as in cases of appeal where execution is stayed. (1874-5, c. 109; Code, s. 545; Rev., s. 584; C.S., s. 630.)
NC Gen Stat § 1-270 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-270 - Appeal to appellate division; security on appeal; stay.

 1-270. Appeal to appellate division; security on appeal; stay.Cases shall be taken to the appellate division by appeal, as provided by law. All provisions in this Article as to the security to be given upon appeals and as to the stay of proceedings apply to appeals taken to the appellate division. (C.C.P., s. 312; Code, ss. 561, 946; Rev., ss. 595, 1540; C.S., s. 631; 1969, c. 444, s. 3.)
NC Gen Stat § 1-271 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-271 - Who may appeal.

 1-271. Who may appeal.Any party aggrieved may appeal in the cases prescribed in this Chapter. A party who cross assigns error in the grant or denial of a motion under the Rules of Civil Procedure is a party aggrieved. (C.C.P., s. 298; Code, s. 547; Rev., s. 585; C.S., s. 632; 1969, c. 895, s. 15.)
NC Gen Stat § 1-277 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-277 - Appeal from superior or district court judge.

 1-277. Appeal from superior or district court judge.(a) An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, which affects a substantial right claimed in any action or proceeding; or which in effect determines the action, and prevents a judgment from which an appeal might be taken; or discontinues the action, or grants or refuses a new trial.(b) Any interested party shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant or such party may preserve his exception for determination upon any subsequent appeal in the cause. (1818, c. 962, s. 4, P.R.; C.C.P., s. 299; Code, s. 548; Rev., s. 587; C.S., s. 638; 1967, c. 954, s. 3; 1971, c. 268, s. 10.)
NC Gen Stat § 1-278 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-278 - Interlocutory orders reviewed on appeal from judgment.

 1-278. Interlocutory orders reviewed on appeal from judgment.Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment. (C.C.P., s. 313; Code, s. 562; Rev., s. 589; C.S., s. 640.)
NC Gen Stat § 1-279.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-279.1 - Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings.

 1-279.1. Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings.Any party entitled by law to appeal from a judgment or order rendered by a judge in superior or district court in a civil action or in a special proceeding may take appeal by giving notice of appeal within the time, in the manner, and with the effect provided in the rules of appellate procedure. (1989, c. 377, s. 2.)
NC Gen Stat § 1-281 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-281 - Appeals from judgments not in session.

 1-281. Appeals from judgments not in session.When appeals are taken from judgments of the clerk or judge not made in session, the clerk is authorized to make any and all necessary orders for the perfecting of such appeals. (Ex. Sess. 1921, c. 92, s. 19a; C.S., s. 642(a); 1971, c. 381, s. 12.)
NC Gen Stat § 1-283 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-283 - Trial judge empowered to settle record on appeal; effect of leaving office or of disability.

 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of disability.Except as provided in this section, only the judge of superior court or of district court from whose order or judgment an appeal has been taken is empowered to settle the record on appeal when judicial settlement is required. A judge retains power to settle a record on appeal notwithstanding he has resigned or retired or his term of office has expired without reappointment or reelection since entry of the judgment or order. Proceedings for judicial settlement when the judge empowered by this section to settle the record on appeal is unavailable for the purpose by reason of death, mental or physical incapacity, or absence from the State shall be as provided by the rules of appellate procedure. (C.C.P., s. 301; Code, s. 550; 1889, c. 161; Rev., s. 591; 1907, c. 312; C.S., s. 644; 1971, c. 381, s. 12; 1975, c. 391, s. 8.)
NC Gen Stat § 1-285 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 27 - Appeal.|§ 1-285 - Undertaking on appeal.

 1-285. Undertaking on appeal.(a) To render an appeal effectual for any purpose in a civil cause or special proceeding, a written undertaking must be executed on the part of the appellant, with good and sufficient surety, in the sum of two hundred fifty dollars ($250.00), or any lesser sum as might be adjudged by the court, to the effect that the appellant will pay all costs awarded against him on the appeal, and this undertaking must be filed with the clerk with whom the judgment or order was filed; or such sum must be deposited with the appropriate clerk of the appellate division in compliance with the North Carolina Rules of Appellate Procedure.(b) The provisions of this section do not apply to the State of North Carolina, a city or a county or a local board of education, an officer thereof in his official capacity, or an agency thereof. (C.C.P., ss. 303, 312; 1871-2, c. 31; Code, ss. 552, 561; 1889, c. 135, s. 2; Rev., ss. 593, 595; C.S., s. 646; 1969, c. 44, s. 5; 1975, c. 391, s. 1; 1985, c. 468; 1987, c. 462, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 42.3.)