State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_38

§1‑440.38.  Stay of order dissolving or modifying an order of attachment.

Whenever a plaintiff appealsfrom an order dissolving or modifying an order of attachment, such order shallbe stayed and the attachment lien with respect to all property theretoforeattached shall remain in effect until the appeal is finally disposed of. Inorder to protect the defendant in the event that an order dissolving ormodifying an order of attachment is affirmed on appeal, the court from whoseorder the appeal is taken may, in its discretion, require the plaintiff toexecute and deposit with the clerk an additional bond with sufficient suretyand in an amount deemed adequate by the court to indemnify the defendantagainst all losses which he may suffer on account of the continuation of thelien of the attachment pending the determination of the appeal. (1947,c. 693, s. 1.)