North Carolina General Statutes
Article 35 - Attachment.
§ 1-440.9 - Authority of court to fix procedural details.

1-440.9. Authority of court to fix procedural details.
The court of proper jurisdiction, before which any matter is pending under the provisions of this Article, shall have authority to fix and determine all necessary procedural details in all instances in which the statute fails to make definite provision as to such procedure. (1947, c. 693, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 1 - Civil Procedure

Article 35 - Attachment.

§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.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.

§ 1-440.42 - Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.

§ 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.

§ 1-440.46 - When plaintiff prevails in principal action.

§ 1-441 through 1-471 - Superseded by Session Laws 1947, c693, codified as §§ 1-440.1 through 1-440.57.