§ 1-440.45. When defendant prevails in principal action. - North Carolina Statutes

Part 6.Procedure after Judgment.

§ 1‑440.45.  Whendefendant prevails in principal action.

(a)        If the defendantprevails in the principal action, or if the order of attachment is for anyreason dissolved, dismissed or set aside, or if service is not had on thedefendant as provided by G.S. 1‑440.7,

(1)        The defendant shallbe entitled to have delivered to him

a.         All bonds taken forhis benefit whether filed in the proceedings or taken by an officer, and

b.         The proceeds of anysales and all money collected, and

c.         All attachedproperty remaining in the officer's hands, and

(2)        Any garnishee shallbe entitled to have vacated any judgment theretofore taken against him.

(b)        Either the clerk orthe judge shall have authority, upon motion of the defendant or any garnishee,to make any such order as may be necessary or proper to carry out theprovisions of subsection (a) of this section.

(c)        Upon judgment inhis favor in the principal action, the defendant may thereafter, by motion inthe cause, recover on any bond  taken for his benefit therein, or he maymaintain an independent action thereon. (1947, c. 693, s. 1; 1951, c.837, s. 8.)