reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-440.42 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.42 - Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.

 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.(a) At any time before judgment in the principal action, on motion of the plaintiff, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount of the bond previously given by or required of any defendant, garnishee or intervenor.(b) At any time before judgment in the principal action the plaintiff may except to any surety upon any bond given by any defendant, garnishee or intervenor pursuant to the provisions of this Article, in which case the surety shall be required to justify, and the procedure with respect thereto shall be as is prescribed for the justification of bail in arrest and bail proceedings.(c) Upon failure of a defendant, garnishee or intervenor to comply with an order requiring an increase in the amount of a bond previously given, or upon failure to comply with an order requiring a new bond when the surety on the previous bond is unsatisfactory, the court may, in addition to any other action with respect thereto, issue an order of attachment directing the sheriff to seize and take into his possession property released upon the giving of the previous bond, if the person failing to comply with the order still has possession of the same. Such property when retaken into his possession by the sheriff shall be subject to all the provisions of this Article relating to attached property. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.43 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.43 - Remedies of third person claiming attached property or interest therein.

 1-440.43. Remedies of third person claiming attached property or interest therein.Any person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an interest in such property, whether such lien or interest is acquired prior to or subsequent to the attachment, may(1) Apply to the court to have the attachment order dissolved or modified, or to have the bond increased, upon the same conditions and by the same methods as are available to the defendant, or(2) Intervene and secure possession of the property in the same manner and under the same conditions as is provided for intervention in claim and delivery proceedings. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.44 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.44 - When attached property to be sold before judgment.

 1-440.44. When attached property to be sold before judgment.(a) The sheriff shall apply to the clerk or to the judge for authority to sell property, or any share or interest therein, seized pursuant to an order of attachment,(1) If the property is perishable, or(2) If the property is not perishable, buta. Will materially deteriorate in value pending litigation, orb. Will likely cost more than one fifth of its value to keep pending a final determination of the action, andc. Is not discharged from the attachment lien in the manner provided by G.S. 1-440.39 within ten days after the seizure thereof.(b) If the court so orders, the property described in subsection (a) of this section shall thereupon be sold under the direction of the court unless the discharge of the same is secured by the defendant or other person interested therein, in the manner provided by G.S. 1-440.39, prior to such sale. The proceeds of such sale shall be liable for any judgment obtained in the principal action and shall be retained by the sheriff to await such judgment. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.45 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.45 - When defendant prevails in principal action.

 1-440.45. When defendant prevails in principal action.(a) If the defendant prevails in the principal action, or if the order of attachment is for any reason dissolved, dismissed or set aside, or if service is not had on the defendant as provided by G.S. 1-440.7,(1) The defendant shall be entitled to have delivered to hima. All bonds taken for his benefit whether filed in the proceedings or taken by an officer, andb. The proceeds of any sales and all money collected, andc. All attached property remaining in the officer's hands, and(2) Any garnishee shall be entitled to have vacated any judgment theretofore taken against him.(b) Either the clerk or the judge shall have authority, upon motion of the defendant or any garnishee, to make any such order as may be necessary or proper to carry out the provisions of subsection (a) of this section.(c) Upon judgment in his favor in the principal action, the defendant may thereafter, by motion in the cause, recover on any bond taken for his benefit therein, or he may maintain an independent action thereon. (1947, c. 693, s. 1; 1951, c. 837, s. 8.)
NC Gen Stat § 1-441 through 1-471 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-441 through 1-471 - through 1-471: Superseded by Session Laws 1947, c. 693, codified as §§ 1-440.1 through 1-440.57.

 1-441 through 1-471: Superseded by Session Laws 1947, c. 693, codified as 1-440.1 through 1-440.57.
NC Gen Stat § 1-472 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-472 - Claim for delivery of personal property.

 1-472. Claim for delivery of personal property.The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action. (C.C.P., s. 176; Code, s. 321; Rev., s. 790; C.S., s. 830; 1977, c. 753.)
NC Gen Stat § 1-473 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-473 - Affidavit and requisites.

 1-473. Affidavit and requisites.Where a delivery is claimed, an affidavit must be made before the clerk of the court in which the action is required to be tried or before some person competent to administer oaths, by the plaintiff, or someone in his behalf, showing -(1) That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to its possession by virtue of a special property therein, the facts in respect to which must be set forth.(2) That the property is wrongfully detained by the defendant.(3) The alleged cause of the detention, according to his best knowledge, information and belief.(4) That the property has not been taken for tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or, if so seized, that it is, by statute, exempt from such seizure; and,(5) The actual value of the property. (C.C.P., s. 177; 1881, c. 134; Code, s. 322; Rev., s. 791; C.S., s. 831.)
NC Gen Stat § 1-474 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-474 - Order of seizure and delivery to plaintiff.

 1-474. Order of seizure and delivery to plaintiff.(a) Order. - The clerk of court may, upon notice and hearing as provided in G.S. 1-474.1 and upon the giving by the plaintiff of the undertaking prescribed in G.S. 1-475, require the sheriff of the county where the property claimed is located to take the property from the defendant and deliver it to the plaintiff. The act of the clerk in issuing or refusing to issue the order to the sheriff is a judicial act and may be appealed pursuant to G.S. 1-301.1 to the judge of the district or superior court having jurisdiction of the principal action.(b) Expiration of Certain Orders. - When delivery of property is claimed from a debtor who allegedly defaulted on his payments for personal property purchased under a conditional sale contract, a purchase money security agreement or on a loan secured by personal property, an order of seizure and delivery to the plaintiff for that property expires 60 days after it is issued.(c) Fee Deposit. - Upon issuance of the order described in subsection (a) of this section, a fee deposit shall be collected by the sheriff from the plaintiff to offset the reasonable and necessary fees and expenses for taking and storing the property seized pursuant to this Article.  (C.C.P., s. 178; Code, s. 323; Rev., s. 792; C.S., s. 832; 1973, c. 472, s. 1; 1985, c. 736; 1999-216, s. 6; 2015-55, s. 3(a).)
NC Gen Stat § 1-475 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-475 - Plaintiff's undertaking.

 1-475. Plaintiff's undertaking.The plaintiff must give a written undertaking payable to the defendant, executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, with damages for its deterioration and detention if return can be had, and if for any cause return cannot be had, for the payment to him of such sum as may be recovered against the plaintiff for the value of the property at the time of the seizure, with interest thereon as damages for such seizure and detention. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 833.)
NC Gen Stat § 1-476 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-476 - Sheriff's duties.

 1-476. Sheriff's duties.Upon the receipt of the order from the clerk with the plaintiff's undertaking and the fee deposit described in G.S. 1-474(c), the sheriff shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion.  (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 834; 2015-55, s. 3(b).)
NC Gen Stat § 1-477 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-477 - Exceptions to undertaking; liability of sheriff.

 1-477. Exceptions to undertaking; liability of sheriff.The defendant may, within three days after the service of a copy of the affidavit and undertaking, notify the sheriff personally, or by leaving a copy at his office in the county seat of the county, that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objection to them. When the defendant excepts, the sureties must justify on notice, in like manner as upon bail on arrest. The sheriff is responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they justify, or until new sureties are substituted and justify. If the defendant excepts to the sureties he cannot reclaim the property as provided in the succeeding section [G.S. 1-478]. (C.C.P., s. 180; Code, s. 325; Rev., s. 794; C.S., s. 835.)
NC Gen Stat § 1-478 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-478 - Defendant's undertaking for replevy.

 1-478. Defendant's undertaking for replevy.At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, payable to the plaintiff, executed by one or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, with damages, not less than the difference in value of the property at the time of the execution of the undertaking and the value of the property at the time of its delivery to the plaintiff, together with damages for detention and the costs, if delivery can be had, and if delivery cannot be had, for the payment to him of such sum as may be recovered against the defendant for the value of the property at the time of the wrongful taking or detention, with interest thereon, as damages for such taking and detention, together with the costs of the action. If a return of the property is not so required, within three days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, unless it is claimed by an interpleader.The defendant's undertaking shall include liability for costs, as provided in this section, only where the undertaking is given in actions instituted in the superior court. (C.C.P., s. 181; Code, s. 326; 1885, c. 50, s. 2; Rev., s. 795; 1911, c. 17; C.S., s. 836; 1961, c. 462.)
NC Gen Stat § 1-479 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-479 - Qualification and justification of defendant's sureties.

 1-479. Qualification and justification of defendant's sureties.The qualification of the defendant's sureties, and their justification, is as prescribed in respect to bail upon an order of arrest. The defendant's sureties, upon notice to the plaintiff of not less than two nor more than six days, shall justify before the court or judge, and upon this justification the sheriff must deliver the property to the defendant. The sheriff is responsible for the defendant's sureties until justification is completed or expressly waived, and he may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he must deliver the property to the plaintiff. (C.C.P., ss. 182, 183; Code, ss. 327, 328; Rev., ss. 796, 797; C.S., s. 837; 1971, c. 268, s. 30.1.)
NC Gen Stat § 1-480 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-480 - Property concealed in buildings.

 1-480. Property concealed in buildings.If the property, or any part of it, is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it is not delivered he must cause the building or enclosure to be broken open, and take the property into his possession. If necessary, he may call to his aid the power of his county, and if the property is upon the person the sheriff or other officer may seize the person, and search for and take it. (C.C.P., s. 184; Code, s. 329; Rev., s. 798; C.S., s. 838.)
NC Gen Stat § 1-481 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-481 - Care and delivery of seized property.

 1-481. Care and delivery of seized property.When the sheriff has taken property, as provided in this Article, he must keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking and his necessary expenses for keeping the property, minus any amount received pursuant to G.S. 1-474(c). If the amount due under this section is less than the amount received pursuant to G.S. 1-474(c), then the sheriff shall return the excess amount to the depositor. In the event that a third party intervener is entitled to possession of the property, any amount received pursuant to G.S. 1-474(c) shall be returned to the depositor.  (C.C.P., s. 185; Code, s. 330; Rev., s. 799; C.S., s. 839; 2015-55, s. 3(c).)
NC Gen Stat § 1-482 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-482 - Property claimed by third person; proceedings.

 1-482. Property claimed by third person; proceedings.When the property taken by the sheriff is claimed by any person other than the plaintiff or defendant the claimant may intervene upon filing an affidavit of his title and right to the possession of the property, stating the grounds of such right and title, and upon his delivering to the sheriff an undertaking in an amount double the value of the property specified in his affidavit, for the delivery of the property to the person entitled to it, and for the payment of all such costs and damages as may be awarded against him, this undertaking to be executed by one or more sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property. A copy of this undertaking and accompanying affidavit shall be served by the sheriff on the plaintiff and defendant at least 10 days before the return day of the summons in the action, when the court trying it shall order a jury to be impaneled to inquire in whom is the right to the property specified in plaintiff's complaint. The finding of the jury is conclusive as to the parties then in court, and the court shall adjudge accordingly, unless it is reversed upon appeal. However, this section shall not be construed to prevent any such intervener or third person from intervening and asserting his claim to the property, or any part thereof, without giving bond as herein required, where such intervener or other third person does not ask for possession of the property pending the trial of the issue. (1793, c. 389, s. 3, P.R.; R.C., c. 7, s. 10; C.C.P., s. 186; Code, s. 331; Rev., s. 800; 1913, c. 188; C.S., s. 840; 1933, c. 131; 1971, c. 268, s. 30.2.)
NC Gen Stat § 1-483 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-483 - Delivery of property to intervener.

 1-483. Delivery of property to intervener.Upon the filing by the claimant of the undertaking set forth in G.S. 1-482, the sheriff is not bound to keep the property, or to deliver it to the plaintiff; but may deliver it to the claimant, unless the plaintiff executes and delivers to him a similar undertaking to that required of claimant; and notwithstanding such claim, when so made, the sheriff may retain the property a reasonable time to demand such indemnity. (1793, c. 389, s. 3, P.R.; R.C., c. 7, s. 10; Code, s. 332; Rev., s. 801; C.S., s. 841.)
NC Gen Stat § 1-484 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-484 - Sheriff to return papers in 10 days.

 1-484. Sheriff to return papers in 10 days.The sheriff must return the undertaking, notice and affidavit, with his proceedings thereon, to the court in which the action is pending within 10 days after taking the property mentioned therein. (C.C.P., s. 187; Code, s. 133; Rev., s. 802; C.S., s. 842.)
NC Gen Stat § 1-484.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 36 - Claim and Delivery.|§ 1-484.1 - Remedy not exclusive.

 1-484.1. Remedy not exclusive.The provisions of this Article shall not be construed to preclude the use of attachment or any other ancillary remedy (upon the terms and subject to the conditions provided by law for the exercise thereof) simultaneously with the remedy of claim and delivery. (1973, c. 472, s. 2.1.)
NC Gen Stat § 1-485 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-485 - When preliminary injunction issued.

 1-485. When preliminary injunction issued.A preliminary injunction may be issued by order in accordance with the provisions of this Article. The order may be made by any judge of the superior court or any judge of the district court authorized to hear in-chambers matters in the following cases, and shall be issued by the clerk of the court in which the action is required to be tried:(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or,(2) When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party to the litigation respecting the subject of the action, and tending to render the judgment ineffectual; or,(3) When, during the pendency of an action, it appears by affidavit of any person that the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff. (C.C.P., ss. 188, 189; Code, ss. 334, 338; Rev., s. 806; C.S., s. 843; 1967, c. 954, s. 3; 1973, c. 66, s. 1.)
NC Gen Stat § 1-486 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-486 - When solvent defendant restrained.

 1-486. When solvent defendant restrained.In an application for an injunction to enjoin a trespass on land it is not necessary to allege the insolvency of the defendant when the trespass complained of is continuous in its nature, or is the cutting or destruction of timber trees. (1885, c. 401; Rev., s. 807; C.S., s. 844.)
NC Gen Stat § 1-487 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-487 - Timberlands, trial of title to.

 1-487. Timberlands, trial of title to.In all actions to try title to timberlands, and for trespass thereon for cutting timber trees, when the court finds as a fact that there is a bona fide contention on both sides based upon evidence constituting a prima facie title, no order shall be made pending such action, permitting either party to cut said timber trees, except by consent, until the title to said land or timber trees is finally determined in the action. In all cases where the title to any timber or trees, or the right to cut and remove the same during a term of years, is claimed by any party to such action, and the fee of the soil or other estate in the land by another, whether party to the action or not, the time within which such timber or trees may be cut or removed by the party claiming the same, and all other rights acquired in connection therewith, shall not be affected or abridged, but the running of the term is suspended during the pendency of the action. (1901, c. 666, s. 1; 1903, c. 642; Rev., s. 808; C.S., s. 845.)
NC Gen Stat § 1-488 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-488 - When timber may be cut.

 1-488. When timber may be cut.In any action specified in G.S. 1-487, when the judge finds as a fact that the contention of either party is not in good faith and is not based upon evidence constituting a prima facie title, upon motion of the other party, who may satisfy the court of the bona fides of his contention and who may produce evidence showing a prima facie title, the court may allow such party to cut the timber trees by giving bond as required by law. Nothing in this section affects the right of appeal, and when any party to such action has been enjoined, a sufficient bond must be required to cover all damages that may accrue to the party enjoined by reason of the injunction as now required by law. (1901, c. 666, ss. 2, 3; Rev., s. 809; C.S., s. 846.)
NC Gen Stat § 1-493 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-493 - What judges have jurisdiction.

 1-493. What judges have jurisdiction.All judges of the superior court and judges of the district court authorized to hear in-chambers matters have jurisdiction to grant injunctions and issue restraining orders in all civil actions and proceedings pending in their respective divisions. (1876-7, c. 223, ss. 1, 2; 1879, c. 63, ss. 1, 3; Code, s. 335; Rev., s. 814; C.S., s. 851; 1971, c. 381, s. 12; 1973, c. 66, s. 2.)