1-475. Plaintiff's undertaking.
The plaintiff must give a written undertaking payable to the defendant, executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, with damages for its deterioration and detention if return can be had, and if for any cause return cannot be had, for the payment to him of such sum as may be recovered against the plaintiff for the value of the property at the time of the seizure, with interest thereon as damages for such seizure and detention. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 833.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 36 - Claim and Delivery.
§ 1-472 - Claim for delivery of personal property.
§ 1-473 - Affidavit and requisites.
§ 1-474 - Order of seizure and delivery to plaintiff.
§ 1-474.1 - Notice of hearing; waiver; permissible form of notice and waiver.
§ 1-475 - Plaintiff's undertaking.
§ 1-477 - Exceptions to undertaking; liability of sheriff.
§ 1-478 - Defendant's undertaking for replevy.
§ 1-479 - Qualification and justification of defendant's sureties.
§ 1-480 - Property concealed in buildings.
§ 1-481 - Care and delivery of seized property.
§ 1-482 - Property claimed by third person; proceedings.
§ 1-483 - Delivery of property to intervener.