42-35. Restitution of tenant, if case quashed, etc., on appeal.
If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose. (1868-9, c. 156, s. 27; Code, s. 1774; Rev., s. 2009; C.S., s. 2374; 1971, c. 533, s. 9.)
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.