1-208.1. Judgment docket, judgment and docket book defined. As used in this Chapter, unless the context clearly requires otherwise, the phrases "judgment docket", "judgment book", "docket book", and "judgment and docket book" include, without limitation, all records created or maintained by the clerk of superior court, pursuant to rules prescribed by the Director of the […]
1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession. The clerks of the superior courts are authorized to enter the following judgments: (1) All judgments of voluntary nonsuit. (2) All consent judgments. (3) In all actions upon notes, bills, bonds, stated accounts, balances struck, and […]
1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for respondent’s attorney. In all condemnation proceedings authorized by G.S. 40A-3 or by any other statute, the clerks of the superior courts are authorized to fix and tax the petitioner with a reasonable fee for respondent’s attorney in cases in which the petitioner takes or submits […]
1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding. The petitioner in all condemnation proceedings authorized by G.S. 40A-3 or by any other statute is authorized and allowed to take a voluntary nonsuit. (1957, c. 400, s. 2; 2001-487, s. 38(b).)
1-210. Return of execution; order for disbursement of proceeds. In all executions issued by the clerk of the superior court upon judgment before the clerk of the superior court, under G.S. 1-209, and execution issued thereon, the sheriff shall make his return to the clerk of the superior court, who shall make the final order […]
1-215.1. Judgments or orders not rendered on Mondays validated. In any case where, prior to the ratification of this section, any judgment or order, required to be rendered or signed on Monday, has been rendered or signed by any clerk of the superior court on any day other than Monday, such judgment or order is […]
1-215.2. Time within which judgments or orders signed on days other than Mondays may be attacked. From and after the 30th day of September, 1951, no action shall be brought or no motion in the cause shall be made to attack any judgment or order of any clerk of the superior court by reason of […]
1-215.3. Validation of conveyances pursuant to orders made on days other than Mondays. From and after the 30th day of September, 1951, any conveyance executed by any commissioner or other person authorized to make a conveyance in any action or special proceeding where the appointment of the commissioner or other person, the order of sale, […]
1-217. Certain default judgments validated. In every case where, prior to the first day of January, one thousand nine hundred and twenty-seven, a judgment by default final has been entered by the clerk of the superior court of any county in this State on a day other than Monday, contrary to G.S. 1-215 and 1-216, […]
1-217.1. Judgments based on summons erroneously designated alias or pluries validated. In all civil actions and special proceedings where the defendants were served with summons and judgment thereafter entered, or any final decree made, and said judgments or decrees shall not be invalidated by reason of the fact that the summons, although designated an alias […]
1-217.2. Judgments by default to remove cloud from title to real estate validated. In every case where prior to the tenth day of October, 1969, a judgment by default final has been entered by the clerk of superior court of any county in this State in an action to remove cloud from title to real […]
1-223. Against married persons. In an action brought by or against a married person, judgment may be given against such married person for costs or damages or both, to be levied and collected solely out of such married person’s separate estate or property. (Rev., s. 563; C.S., s. 603; 1977, c. 545.)
1-228. Regarded as a deed and registered. Every judgment, in which the transfer of title is so declared, shall be regarded as a deed of conveyance, executed in due form and by capable persons, notwithstanding the want of capacity in any person ordered to convey, and shall be registered in the proper county, under the […]
1-229. Certified registered copy evidence. In all legal proceedings, touching the right of parties derived under such judgment, a certified copy from the register’s books is evidence of its existence and of the matters therein contained, as fully as if proved by a perfect transcript of the whole case. (1850, c. 107, s. 3; R.C., […]
1-230. In action for recovery of personal property. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession, or for the value thereof in case a delivery cannot be had, and damages for the detention. If the property has been […]
1-231. What judge approves judgments. In all cases where a judgment, decree or order of the superior court is required to be approved by a judge, it shall be approved by the judge having jurisdiction of receivers and injunctions. (1876-7, c. 223, s. 3; 1879, c. 63; 1881, c. 51; Code, s. 432; Rev., s. […]
1-232. Judgment roll. Unless the party or his attorney furnishes a judgment roll or the documents referred to in this section are already on file, the clerk, immediately after entering the judgment, shall attach together and file the following papers which constitute the judgment roll: (1) In case the complaint is not answered by any […]
1-233. Docketed and indexed. Every judgment of the superior or district court, affecting title to real property, or requiring in whole or in part the payment of money, shall be indexed and recorded by the clerk of said superior court on the judgment docket of the court. The docket entry must contain the file number […]
1-234. Where and how docketed; lien. Upon the entry of a judgment under G.S. 1A-1, Rule 58, affecting the title of real property, or directing in whole or in part the payment of money, the clerk of superior court shall index and record the judgment on the judgment docket of the court of the county […]
1-235. Of appellate division docketed in superior court; lien. It is the duty of the appropriate clerk of the appellate division, on application of the party obtaining judgment in one of the courts of that division, directing in whole or in part the payment of money, or affecting the title to real estate, or on […]
