North Carolina § 73-28 - Final judgment; costs and execution.
Full text of North Carolina North Carolina General Statutes § 73-28 — Final judgment; costs and execution., with citation guidance and answers to common questions.
§ 73-28. Final judgment; costs and execution.
If the final judgment of the court is that the plaintiff has sustained no damage, he shall pay the costs of his proceeding; but if the final judgment is in favor of the plaintiff, he shall have execution against the defendant for one year's damage, preceding the issuing of the summons, and for all costs: Provided, that if the damage adjudged does not amount to five dollars ($5.00), the plaintiff shall recover no more costs than damages. And if the defendant does not annually pay the plaintiff, his heirs or assigns, before it falls due, the sum adjudged as the damages for that year, the plaintiff may sue out execution for the amount of the last year's damage, or any part thereof which may remain unpaid. History (1868-9, c. 158, s. 15; Code, s. 1862; Rev., s. 2145; C.S., s. 2558.) Legal Periodicals. - For article on remedies for trespass to land in North Carolina, see 47 N.C.L. Rev. 334 (1969).
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 73-28
What does North Carolina General Statutes § 73-28 cover?
Section 73-28 ("Final judgment; costs and execution.") 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 § 73-28?
A common citation format is "North Carolina General Statutes § 73-28" (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 § 73-28 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.