1-417. Motion to vacate order; jury trial.
A defendant arrested may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of bail. He may deny upon oath the facts alleged in the affidavit of the plaintiff on which the order of arrest was granted, and demand that the issue so raised by the plaintiff's affidavit and the defendant's denial be submitted to the jury and tried in the same manner as other issues. If the issues are found by the jury in favor of the defendant, judgment shall be rendered discharging him from arrest and vacating the order of arrest, and he shall recover of the plaintiff all costs of the proceeding in such arrest incurred by him in defending the action. (C.C.P., s. 174; Code, s. 316; 1889, c. 497; Rev., s. 735; C.S., s. 775.)
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.