North Carolina § 1-440 - 38. Stay of order dissolving or modifying an order of attachment.

Full text of North Carolina North Carolina General Statutes § 1-440 — 38. Stay of order dissolving or modifying an order of attachment., with citation guidance and answers to common questions.

§ 1-440. 38. Stay of order dissolving or modifying an order of attachment.

Whenever a plaintiff appeals from an order dissolving or modifying an order of attachment, such order shall be stayed and the attachment lien with respect to all property theretofore attached shall remain in effect until the appeal is finally disposed of. In order to protect the defendant in the event that an order dissolving or modifying an order of attachment is affirmed on appeal, the court from whose order the appeal is taken may, in its discretion, require the plaintiff to execute and deposit with the clerk an additional bond with sufficient surety and in an amount deemed adequate by the court to indemnify the defendant against all losses which he may suffer on account of the continuation of the lien of the attachment pending the determination of the appeal. History (1947, c. 693, s. 1.)

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 1-440

What does North Carolina General Statutes § 1-440 cover?

Section 1-440 ("38. Stay of order dissolving or modifying an order of attachment.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 1-440?

A common citation format is "North Carolina General Statutes § 1-440" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 1-440 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.