State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_36

Part 5.Miscellaneous Procedure Pending Final Judgment.

§ 1‑440.36.  Dissolutionof the order of attachment.

(a)        At any time beforejudgment in the principal action, a  defendant whose property has been attachedmay specially or generally  appear and move, either before the clerk or thejudge, to dissolve the order of attachment.

(b)        When the defectalleged as grounds for the motion appears upon the face of the record, noissues of fact arise, and the motion is heard and determined upon the record.

(c)        When the defectalleged does not appear upon the face of the record, the motion is heard anddetermined upon the affidavits filed by the plaintiff and the defendant,unless, prior to the actual commencement of the hearing, a jury trial isdemanded in writing by the plaintiff or the defendant. Either the clerk or thejudge hearing and determining the motion to dissolve the order of attachmentshall find the facts upon which his ruling thereon is based. If a jury trial isdemanded by either party, the issues involved shall be submitted and determinedat the same time the principal action is tried, unless  the judge, on motion ofany party for good cause shown, orders an earlier trial or a separate trial. (1947,c. 693, s. 1.)