State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-519

§1‑519.  Arrest and bail of defendant usurping office.

When action is brought againsta person for usurping an office, the Attorney General, in addition to thestatement of the cause of action, may set forth in the complaint the name ofthe person rightfully entitled to the office, with a statement of his rightthereto; and in such case, upon proof by affidavit that the defendant hasreceived fees or emoluments belonging to and by means of his usurpation of theoffice, an order shall be granted by a judge of the superior court for thearrest of the defendant, and holding him to bail; and thereupon he shall bearrested and held to bail in the same manner, and with the same effect, andsubject to the same rights and liabilities, as in other civil actions where thedefendant is subject to arrest. (C.C.P., s. 369; 1883, c.102; Code, s. 609; Rev., s. 831; C.S., s. 874.)