§ 73-28. Final judgment; costs and execution. - North Carolina Statutes

§73‑28.  Final judgment; costs and execution.

If the final judgment of thecourt is that the plaintiff has sustained no damage, he shall pay the costs ofhis proceeding; but if the final judgment is in favor of the plaintiff, heshall have execution against the defendant for one year's damage, preceding theissuing of the summons, and for all costs: Provided, that if the damageadjudged does not amount to five dollars ($5.00), the plaintiff shall recoverno more costs than damages. And if the defendant does not annually pay theplaintiff, his heirs or assigns, before it falls due, the sum adjudged as thedamages for that year, the plaintiff may sue out execution for the amount ofthe last year's damage, or any part thereof which may remain unpaid. (1868‑9,c. 158, s. 15; Code, s. 1862; Rev., s. 2145; C.S., s. 2558.)