1-401. Clerk acts summarily; signing by petitioners; authorization to attorney.
In cases under G.S. 1-400, if all persons to be affected by the decree or their attorney have signed the petition and are of full age, the clerk of the superior court has power to hear and decide the petition summarily. All of the petitioners must sign the petition, or must sign written application to clerk of court to be made petitioners and file same with the clerk or must sign a written authorization to the attorney which authorization must be filed with the clerk before he may make any order or decree to prejudice their rights. (1868-9, c. 93, s. 2; Code, s. 285; Rev., s. 719; C.S., s. 760; 1953, c. 246.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 33 - Special Proceedings.
§ 1-393 - Chapter and Rules of Civil Procedure applicable to special proceedings.
§ 1-394 - Contested special proceedings; commencement; summons.
§ 1-396 - When complaint filed.
§ 1-398 - Filing time enlarged.
§ 1-400 - Ex parte; commenced by petition.
§ 1-401 - Clerk acts summarily; signing by petitioners; authorization to attorney.
§ 1-402 - Judge approves when petitioner is infant.
§ 1-403 - Orders signed by judge.
§ 1-404 - Reports of commissioners and jurors.
§ 1-405 - No report set aside for trivial defect.
§ 1-406 - Commissioner of sale to account in sixty days.
§ 1-407 - Commissioner holding proceeds of land sold for reinvestment to give bond.
§ 1-407.1 - Bond required to protect interest of infant or incompetent.
§ 1-407.2 - When court may waive bond; premium paid from fund protected.
§ 1-408 - Action in which clerk may allow fees of commissioners; fees taxed as costs.
§ 1-408.1 - Clerk may order surveys in civil actions and special proceedings involving sale of land.