1-477. Exceptions to undertaking; liability of sheriff.
The defendant may, within three days after the service of a copy of the affidavit and undertaking, notify the sheriff personally, or by leaving a copy at his office in the county seat of the county, that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objection to them. When the defendant excepts, the sureties must justify on notice, in like manner as upon bail on arrest. The sheriff is responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they justify, or until new sureties are substituted and justify. If the defendant excepts to the sureties he cannot reclaim the property as provided in the succeeding section [G.S. 1-478]. (C.C.P., s. 180; Code, s. 325; Rev., s. 794; C.S., s. 835.)
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.