1-416. Vacation of order for failure to serve.
The order of arrest is of no avail, and shall be vacated or set aside on motion, unless it is served upon the defendant, as provided by law, before the docketing of any judgment in the action. (C.C.P., s. 153; Code, s. 295; Rev., s. 734; C.S., s. 774.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-409 - Arrest only as herein prescribed.
§ 1-410 - In what cases arrest allowed.
§ 1-411 - Order and affidavit.
§ 1-412 - Undertaking before order.
§ 1-413 - Issuance and form of order.
§ 1-414 - Copies of affidavit and order to defendant.
§ 1-416 - Vacation of order for failure to serve.
§ 1-417 - Motion to vacate order; jury trial.
§ 1-418 - Counter affidavits by plaintiff.
§ 1-419 - How defendant discharged.
§ 1-420 - Defendant's undertaking.
§ 1-421 - Defendant's undertaking delivered to clerk; exception.
§ 1-422 - Notice of justification; new bail.
§ 1-423 - Qualifications of bail.
§ 1-424 - Justification of bail.
§ 1-426 - Deposit in lieu of bail.
§ 1-427 - Deposit paid into court; liability on sheriff's bond.
§ 1-428 - Bail substituted for deposit.
§ 1-429 - Deposit applied to plaintiff's judgment.
§ 1-430 - Defendant in jail, sheriff may take bail.
§ 1-431 - When sheriff liable as bail.
§ 1-432 - Action on sheriff's bond.
§ 1-434 - Surrender of defendant.
§ 1-435 - Bail may arrest defendant.
§ 1-436 - Proceedings against bail by motion.
§ 1-437 - Liability of bail to sheriff.