§ 128-20. Precedence on calendar; costs. - North Carolina Statutes

§128‑20.  Precedence on calendar; costs.

In the trial of the cause inthe superior court the cause shall be advanced and take precedence over allother causes upon the court calendar, and shall be heard at the next sessionafter the petition is filed, provided the proceedings are filed in said courtin time for said action to be heard. The superior court shall fix the time ofhearing. If the final termination of such proceedings be favorable to anyaccused officer, said officer shall be allowed the reasonable and necessaryexpense, including a reasonable attorney fee, to be fixed by the judge, he hasincurred in making his defense, by the county, if he be a county officer, or bythe city or town in which he holds office, if he be a city officer. If the actionis instituted upon the complaint of citizens as herein provided, and it appearsto the court that there was no reasonable cause for filing the complaint, thecosts may be taxed against the complaining parties. (P.L. 1913, c. 761, s. 24;1919, c. 288; C.S., s. 3212; 1973, c. 108, s. 83.)