State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-114

§1‑114.  Summoned after judgment; defense.

When a judgment is recoveredagainst one or more of several persons jointly indebted upon a contract inaccordance with the preceding section [§ 1‑113], those who were notoriginally summoned to answer the complaint may be summoned to show cause whythey should not be bound by the judgment, in the same manner as if they hadbeen originally summoned. A party so summoned may answer within the timespecified denying the judgment, or setting up any defense thereto which hasarisen subsequent to such judgment; and may make any defense which he mighthave made to the action if the summons had been served on him originally. (C.C.P.,ss. 318, 322; Code, ss. 223, 224; Rev., ss. 456, 457; C.S., s. 498.)