State Codes and Statutes

Statutes > North-carolina > Chapter_38 > GS_38-3

§38‑3.  Procedure.

(a)        Petition; Summons;Hearing. – The owner shall file his petition under oath stating therein factssufficient to constitute the location of such line as claimed by him and makingdefendants all adjoining owners whose interest may be affected by the locationof said line. The clerk shall thereupon issue summons to the defendants as inother cases of special proceedings. If the defendants fail to answer, judgmentshall be given establishing the line according to petition. If the answer denythe location set out in the petition, the clerk shall issue an order to thecounty surveyor or, if cause shown,  to any competent surveyor to survey saidline or lines according to the contention of both parties, and make report ofthe same with a map at a time to be fixed by the clerk, not more than 30 daysfrom date of order; to which time the cause shall be continued. The cause shallthen be heard by the clerk upon the location of said line or lines and judgmentgiven determining the location thereof.

(b)        Appeal to Session.– Either party may within 10 days after such determination by the clerk servenotice of appeal from the ruling of the clerk determining the said location.When notice of appeal is served it shall be the duty of the clerk to transmitthe issues raised before him to the next session of the superior court of thecounty for trial by a jury, when the question shall be heard de novo.

(c)        Survey afterJudgment. – When final judgment is given in the proceeding the court shallissue an order to the surveyor to run and mark the line or lines as determinedin the judgment. The surveyor shall make report including a map of the line asdetermined, which shall be filed with the judgment roll in the cause andentered with the judgment on the special proceedings docket.

(d)        Procedure as inSpecial Proceedings. – The procedure under this Chapter, the jurisdiction ofthe court, and the right of appeal shall, in all respects, be the same as inspecial proceedings except as herein modified. (1893, c. 22; 1903, c. 21;Rev., s. 326; C.S., s. 363; 1971, c. 528, s. 35.)

State Codes and Statutes

Statutes > North-carolina > Chapter_38 > GS_38-3

§38‑3.  Procedure.

(a)        Petition; Summons;Hearing. – The owner shall file his petition under oath stating therein factssufficient to constitute the location of such line as claimed by him and makingdefendants all adjoining owners whose interest may be affected by the locationof said line. The clerk shall thereupon issue summons to the defendants as inother cases of special proceedings. If the defendants fail to answer, judgmentshall be given establishing the line according to petition. If the answer denythe location set out in the petition, the clerk shall issue an order to thecounty surveyor or, if cause shown,  to any competent surveyor to survey saidline or lines according to the contention of both parties, and make report ofthe same with a map at a time to be fixed by the clerk, not more than 30 daysfrom date of order; to which time the cause shall be continued. The cause shallthen be heard by the clerk upon the location of said line or lines and judgmentgiven determining the location thereof.

(b)        Appeal to Session.– Either party may within 10 days after such determination by the clerk servenotice of appeal from the ruling of the clerk determining the said location.When notice of appeal is served it shall be the duty of the clerk to transmitthe issues raised before him to the next session of the superior court of thecounty for trial by a jury, when the question shall be heard de novo.

(c)        Survey afterJudgment. – When final judgment is given in the proceeding the court shallissue an order to the surveyor to run and mark the line or lines as determinedin the judgment. The surveyor shall make report including a map of the line asdetermined, which shall be filed with the judgment roll in the cause andentered with the judgment on the special proceedings docket.

(d)        Procedure as inSpecial Proceedings. – The procedure under this Chapter, the jurisdiction ofthe court, and the right of appeal shall, in all respects, be the same as inspecial proceedings except as herein modified. (1893, c. 22; 1903, c. 21;Rev., s. 326; C.S., s. 363; 1971, c. 528, s. 35.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_38 > GS_38-3

§38‑3.  Procedure.

(a)        Petition; Summons;Hearing. – The owner shall file his petition under oath stating therein factssufficient to constitute the location of such line as claimed by him and makingdefendants all adjoining owners whose interest may be affected by the locationof said line. The clerk shall thereupon issue summons to the defendants as inother cases of special proceedings. If the defendants fail to answer, judgmentshall be given establishing the line according to petition. If the answer denythe location set out in the petition, the clerk shall issue an order to thecounty surveyor or, if cause shown,  to any competent surveyor to survey saidline or lines according to the contention of both parties, and make report ofthe same with a map at a time to be fixed by the clerk, not more than 30 daysfrom date of order; to which time the cause shall be continued. The cause shallthen be heard by the clerk upon the location of said line or lines and judgmentgiven determining the location thereof.

(b)        Appeal to Session.– Either party may within 10 days after such determination by the clerk servenotice of appeal from the ruling of the clerk determining the said location.When notice of appeal is served it shall be the duty of the clerk to transmitthe issues raised before him to the next session of the superior court of thecounty for trial by a jury, when the question shall be heard de novo.

(c)        Survey afterJudgment. – When final judgment is given in the proceeding the court shallissue an order to the surveyor to run and mark the line or lines as determinedin the judgment. The surveyor shall make report including a map of the line asdetermined, which shall be filed with the judgment roll in the cause andentered with the judgment on the special proceedings docket.

(d)        Procedure as inSpecial Proceedings. – The procedure under this Chapter, the jurisdiction ofthe court, and the right of appeal shall, in all respects, be the same as inspecial proceedings except as herein modified. (1893, c. 22; 1903, c. 21;Rev., s. 326; C.S., s. 363; 1971, c. 528, s. 35.)

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