State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-478

§1‑478.  Defendant's undertaking for replevy.

At any time before thedelivery of the property to the plaintiff, the defendant may, if he does notexcept to the sureties of the plaintiff, require the return thereof, upongiving to the sheriff a written undertaking, payable to the plaintiff, executedby one or more sufficient sureties, to the effect that they are bound in doublethe value of the property, as stated in the affidavit of the plaintiff, for thedelivery thereof to the plaintiff, with damages, not less than the differencein value of the property at the time of the execution of the undertaking andthe value of the property at the time of its delivery to the plaintiff,together with damages for detention and the costs, if delivery can be had, andif delivery cannot be had, for the payment to him of such sum as may berecovered against the defendant for the value of the property at the time ofthe wrongful taking or detention, with interest thereon, as damages for suchtaking and detention, together with the costs of the action. If a return of theproperty is not so required, within three days after the taking and service ofnotice to the defendant, it must be delivered to the plaintiff, unless it isclaimed by an interpleader.

The defendant's undertakingshall include liability for costs, as provided in this section, only where theundertaking is given in actions instituted in the superior court. (C.C.P.,s. 181; Code, s. 326; 1885, c. 50, s. 2; Rev., s. 795; 1911, c. 17; C.S., s.836; 1961, c. 462.)