North Carolina § 1-524 - Possession of office not disturbed pending trial.

§ 1-524. Possession of office not disturbed pending trial.

In any civil action pending in any of the courts of this State in which the title to an office is involved, the defendant being in the possession of the office and discharging the duties thereof shall continue therein pending the action, and no judge shall make a restraining order interfering with or enjoining such officer in the premises. The officer shall, notwithstanding any such order, continue to exercise the duties of the office pending the litigation, and receive the emoluments thereof. This section shall not apply to any person subject to Article 31B of Chapter 7A of the General Statutes. History (1899, c. 33; Rev., s. 836; C.S., s. 879; 2007-104, s. 2.) Editor's Note. - Session Laws 2007-104, s. 3, provides, in part, that the act, which added subsection (b), does not apply to persons elected to or serving in the capacity of justice or judge on or before January 1, 1981, that were not authorized to practice law at the time of their election or at the time they began serving in the capacity of justice or judge. Effect of Amendments. - Session Laws 2007-104, s. 2, effective June 21, 2007, designated the existing undesignated paragraph as subsection (a); and added subsection (b). For applicability, see Editor's note.