State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_8

§1‑440.8.  General provisions relative to bonds.

(a)        Any bond givenpursuant to the provisions of this Article shall be executed by the partyrequired to furnish the bond and by

(1)        A surety companyauthorized to do business in this State, as provided by G.S. 58‑73‑5,or by

(2)        One or moreindividual sureties, as may be required by the court.

(b)        Each individualsurety shall execute an affidavit, to be attached to the bond, stating that heis a resident of the State and that he is worth the amount specified in thebond exclusive of property exempt from execution and over and above all hisliabilities.

(c)        Any bond givenpursuant to any provisions of this Article shall be subject to the approval ofthe court.

(d)        It is not a defensein an action on any bond given pursuant to this Article that

(1)        The court had nojurisdiction to require or accept bond, or

(2)        The order ofattachment was improperly granted, or

(3)        There was any otherirregularity in the attachment proceeding. (1947, c. 693, s. 1.)