Laws of North Carolina (Last Updated: May 12, 2015) |
Chapter1. Civil Procedure. |
SubchapterXIII. PROVISIONAL REMEDIES |
Article35. Attachment |
Part5. Miscellaneous Procedure Pending Final Judgment |
§1-440.38. Stay of order dissolving or modifying an order of attachment
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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.