1-440.36. Dissolution of the order of attachment.
(a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move, either before the clerk or the judge, to dissolve the order of attachment.
(b) When the defect alleged as grounds for the motion appears upon the face of the record, no issues of fact arise, and the motion is heard and determined upon the record.
(c) When the defect alleged does not appear upon the face of the record, the motion is heard and determined upon the affidavits filed by the plaintiff and the defendant, unless, prior to the actual commencement of the hearing, a jury trial is demanded in writing by the plaintiff or the defendant. Either the clerk or the judge hearing and determining the motion to dissolve the order of attachment shall find the facts upon which his ruling thereon is based. If a jury trial is demanded by either party, the issues involved shall be submitted and determined at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial. (1947, c. 693, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.
§ 1-440.1 - Nature of attachment.
§ 1-440.2 - Actions in which attachment may be had.
§ 1-440.3 - Grounds for attachment.
§ 1-440.4 - Property subject to attachment.
§ 1-440.5 - By whom order issued; when and where; filing of bond and affidavit.
§ 1-440.6 - Time of issuance with reference to summons or service by publication.
§ 1-440.7 - Time within which service of summons or service by publication must be had.
§ 1-440.8 - General provisions relative to bonds.
§ 1-440.9 - Authority of court to fix procedural details.
§ 1-440.10 - Bond for attachment.
§ 1-440.11 - Affidavit for attachment; amendment.
§ 1-440.12 - Order of attachment; form and contents.
§ 1-440.13 - Additional orders of attachment at time of original order; alias and pluries orders.
§ 1-440.14 - Notice of issuance of order of attachment when no personal service.
§ 1-440.15 - Method of execution.
§ 1-440.16 - Sheriff's return.
§ 1-440.17 - Levy on real property.
§ 1-440.18 - Levy on tangible personal property in defendant's possession.
§ 1-440.19 - Levy on stock in corporation.
§ 1-440.20 - Levy on goods in warehouses.
§ 1-440.21 - Nature of garnishment.
§ 1-440.22 - Issuance of summons to garnishee.
§ 1-440.23 - Form of summons to garnishee.
§ 1-440.24 - Form of notice of levy in garnishment proceeding.
§ 1-440.25 - Levy upon debt owed by, or property in possession of, the garnishee.
§ 1-440.26 - To whom garnishment process may be delivered when garnishee is corporation.
§ 1-440.27 - Failure of garnishee to appear.
§ 1-440.28 - Admission by garnishee; setoff; lien.
§ 1-440.29 - Denial of claim by garnishee; issues of fact.
§ 1-440.30 - Time of jury trial.
§ 1-440.31 - Payment to defendant by garnishee.
§ 1-440.32 - Execution against garnishee.
§ 1-440.33 - When lien of attachment begins; priority of liens.
§ 1-440.34 - Effect of defendant's death after levy.
§ 1-440.35 - Sheriff's liability for care of attached property; expense of care.
§ 1-440.36 - Dissolution of the order of attachment.
§ 1-440.37 - Modification of the order of attachment.
§ 1-440.38 - Stay of order dissolving or modifying an order of attachment.
§ 1-440.39 - Discharge of attachment upon giving bond.
§ 1-440.40 - Defendant's objection to bond or surety.
§ 1-440.41 - Defendant's remedies not exclusive.
§ 1-440.43 - Remedies of third person claiming attached property or interest therein.
§ 1-440.44 - When attached property to be sold before judgment.
§ 1-440.45 - When defendant prevails in principal action.