§ 17-11. Sufficiency of writ; defects of form immaterial. - North Carolina Statutes

§17‑11.  Sufficiency of writ; defects of form immaterial.

No writ of habeas corpus shallbe disobeyed on account of any defect of form. It shall be sufficient –

(1)        If the person havingthe custody of the party imprisoned or restrained be designated either by hisname of office, if he  have any, or by his own name, or, if both such names beunknown or uncertain, he may be described by an assumed appellation, and anyonewho may be served with the writ shall be deemed the person to whom it isdirected, although it may be directed to him by a wrong name, or description,or to another person.

(2)        If the person who isdirected to be produced be designated by name, or if his name be uncertain orunknown, he may be described by an assumed appellation or in any other way, soas to designate the person intended. (1868‑9, c. 116, ss. 7,8; Code, ss. 1629, 1630; Rev., s. 1829; C.S., s. 2213.)