State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-410

§1‑410.  In what cases arrest allowed.

The defendant may be arrested,as hereinafter prescribed, in the following cases:

(1)        In an action for therecovery of damages on a cause of action not arising out of contract where theaction is for willful, wanton, or malicious injury to person or character orfor willfully, wantonly or maliciously injuring, taking, detaining, orconverting real or personal property.

(2)        In an action for afine or penalty, for seduction, for money received, for property embezzled orfraudulently misapplied by a public officer, attorney, solicitor, or officer oragent of a corporation or banking association in the course of his employment,or by any factor, agent, broker or other person in a fiduciary capacity, or forany misconduct or neglect in office, or in a professional employment.

(3)        In an action torecover the possession of personal property, unjustly detained, where all orany part of the property has been concealed, removed, or disposed of, so thatit cannot be found or taken by the sheriff and with the intent that it shouldnot be so found or taken, or with the intent to deprive the plaintiff of thebenefit thereof.

(4)        When the defendanthas been guilty of a fraud in contracting the debt or incurring the obligationfor which the action is brought, in concealing or disposing of the property forthe taking, detention or conversion of which the action is brought, or when theaction is brought to recover damages for fraud or deceit.

(5)        When the defendanthas removed, or disposed of his property, or is about to do so, with intent todefraud his creditors.  The term "creditors" shall include, but notby way of limitation, a dependent spouse who claims alimony.  The term"creditors" shall include, but not by way of limitation, a minorchild entitled to an order for support. (1777, c. 118, s. 6, P.R.;R.C., c. 31, s. 54; C.C.P., s. 149; 1869‑70, c. 79; Code, s. 291; 1891,c. 541; Rev., s. 737; C.S., s. 768; 1943, c. 543; 1961, c. 82; 1967, c. 1153,ss. 4, 6.)