1-524. Possession of office not disturbed pending trial.
(a) In any civil action pending in any of the courts of this State in which the title to an office is involved, the defendant being in the possession of the office and discharging the duties thereof shall continue therein pending the action, and no judge shall make a restraining order interfering with or enjoining such officer in the premises. The officer shall, notwithstanding any such order, continue to exercise the duties of the office pending the litigation, and receive the emoluments thereof.
(b) This section shall not apply to any person subject to Article 31B of Chapter 7A of the General Statutes. (1899, c. 33; Rev., s. 836; C.S., s. 879; 2007-104, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-514 - Writs of scifaand quo warranto abolished.
§ 1-515 - Action by Attorney General.
§ 1-516 - Action by private person with leave.
§ 1-517 - Solvent sureties required.
§ 1-518 - Leave withdrawn and action dismissed for insufficient bond.
§ 1-519 - Arrest and bail of defendant usurping office.
§ 1-520 - Several claims tried in one action.
§ 1-522 - Time for bringing action.
§ 1-523 - Defendant's undertaking before answer.
§ 1-524 - Possession of office not disturbed pending trial.
§ 1-525 - Judgment by default and inquiry on failure of defendant to give bond.
§ 1-526 - Service of summons and complaint.
§ 1-527 - Judgment in such actions.
§ 1-528 - Mandamus to aid relator.
§ 1-529 - Appeal; bonds of parties.
§ 1-530 - Relator inducted into office; duty.