State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-525

§1‑525.  Judgment by default and inquiry on failure of defendant to givebond.

At any time after a dulyverified complaint is filed alleging facts sufficient to entitle plaintiff tothe office, whether this complaint is filed at the beginning of the action orlater, the plaintiff may, upon ten days' notice to the defendant or hisattorney of record, move before the judge resident in or riding the district,at chambers, to require the defendant to give the undertaking specified in G.S.1‑523. It is the duty of the judge to require the defendant to give theundertaking within ten days, and if it is not so given, the judge shall renderjudgment in favor of plaintiff and against defendant for the recovery of theoffice and the costs, and a judgment by default and inquiry to be executed at aterm for damages, including loss of fees and salary. Upon the filing of thejudgment for the recovery of such office with the clerk, it is his duty toissue and the sheriff's duty to serve the necessary process to put the plaintiffinto possession of the office. If the defendant shall give the undertaking, thecourt, if judgment is rendered for plaintiff, shall render judgment against thedefendant and his sureties for costs and damages, including loss of fees andsalary. Nothing herein prevents the judge's extending, for cause, the time inwhich to give the undertaking. (1895, c. 105, s. 2; 1899, c.49; Rev., s. 837; C.S., s. 880.)