State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_40

§1‑440.40.  Defendant's objection to bond or surety.

(a)        At any time beforejudgment in the principal action, on motion of the defendant, the clerk orjudge may, if he deems it necessary in order to provide adequate protection,require an increase in the amount of the bond previously given by or requiredof the plaintiff.

(b)        At any time beforejudgment in the principal action the defendant may except to any surety uponany bond given by the plaintiff pursuant to the provisions of this Article, inwhich case the surety shall be required to justify, and the procedure withrespect thereto shall be as is prescribed for the justification of bail inarrest and bail proceedings. (1947, c. 693, s. 1.)