1-405. No report set aside for trivial defect.
No report or return made by any commissioners may be set aside and sent back to them or others for a new report because of any defect or omission not affecting the substantial rights of the parties, but the defect or omission may be amended by the court, or by the commissioners with permission of the court. (1868-9, c. 93, s. 7; Code, s. 289; Rev., s. 724; C.S., s. 764.)
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.