State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-417

§1‑417.  Motion to vacate order; jury trial.

A defendant arrested may atany time before judgment apply on motion to vacate the order of arrest or toreduce the amount of bail. He may deny upon oath the facts alleged in theaffidavit of the  plaintiff on which the order of arrest was granted, anddemand that the issue so raised by the plaintiff's affidavit and thedefendant's denial be submitted to the jury and tried in the same manner asother issues. If the issues are found by the jury in favor of the defendant,judgment shall be rendered discharging him from arrest and vacating the orderof arrest, and he shall recover of the plaintiff all costs of the proceeding insuch arrest incurred by him in defending the action. (C.C.P.,s. 174; Code, s. 316; 1889, c. 497; Rev., s. 735; C.S., s. 775.)