42-32. Damages assessed to trial.
On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit and taken for the purpose of delay, the plaintiff, in addition to any other damages allowed, shall be entitled to the amount of rent in arrears, or which may have accrued, to the time of trial in the district court. Judgment for the rent in arrears and for the damages assessed may, on motion, be rendered against the sureties to the appeal. (1868-9, c. 156, s. 28; Code, s. 1775; Rev., s. 2006; C.S., s. 2371; 1945, c. 796; 1971, c. 533, s. 7; 1979, c. 820, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 3 - Summary Ejectment.
§ 42-26 - Tenant holding over may be dispossessed in certain cases.
§ 42-27 - LocalRefusal to perform contract ground for dispossession.
§ 42-28 - Summons issued by clerk.
§ 42-30 - Judgment by confession, where plaintiff has proved case, or failure to appear.
§ 42-31 - Trial by magistrate.
§ 42-32 - Damages assessed to trial.
§ 42-33 - Rent and costs tendered by tenant.
§ 42-34 - Undertaking on appeal and order staying execution.
§ 42-34.1 - Rent pending execution of judgment; post bond pending appeal.
§ 42-35 - Restitution of tenant, if case quashed, etc., on appeal.
§ 42-36 - Damages to tenant for dispossession, if proceedings quashed, etc.
§ 42-36.1 - Lease or rental of manufactured homes.
§ 42-36.1A - Judgments for possession more than 30 days old.