In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in the office of the clerk of the superior court of the county where the suit is pending an undertaking with sufficient surety, in an amount fixed by the court, not less than two hundred dollars ($200.00), to be void on condition that the defendant pays to the plaintiff all costs and damages which the latter recovers in the action, including damages for the loss of rents and profits. (1869-70, c. 193; Code, s. 237; Rev., s. 453; C.S., s. 495.)
§ 1-112. Defense without bond.
(a) The undertaking prescribed in G.S. 1-111 is not necessary if an attorney practicing in the court where the action is pending certifies to the court in writing that he has examined the case of the defendant and is of the opinion that the plaintiff is not entitled to recover; and if the defendant also files an affidavit stating that he is unable to give and is not worth the amount of the undertaking in any property whatsoever.
(b) An undertaking shall not be required in any summary ejectment action brought pursuant to Articles 3 or 7 of Chapter 42 of the General Statutes. (1869-70, c. 193; Code, s. 237; Rev., s. 454; C.S., s. 496; 1997-473, s. 2.)
Article 10.
Joint and Several Debtors.
Notes of Decisions
Minton v. Lowe's Food Stores, Inc., 468 S.E.2d 513 (N.C. Ct. App. 1996).
· cites it 6× “Plaintiff partnership also argues that the trial court lacked authority to order plaintiff to pay defendant’s bond premiums pursuant to a Motion to Tax the Costs, under North Carolina General Statutes section 1-111. Again, we cannot agree. As noted by plaintiff, in North…”
Morris v. Wilkins, 85 S.E.2d 892 (N.C. 1955).
· cites it 10× “Defendant’s assignments of error present two questions: first, if the facts are as set forth in said affidavit, was the defendant entitled to file answer without first filing a defense bond in conformity with G.S. 1-111; and second, if so, did the court err in striking the…”
Laing v. Lewis, 515 S.E.2d 40 (N.C. Ct. App. 1999).
· cites it 8× “Plaintiff moved to strike defendant’s answer and counterclaim and for a default judgment on the ground that *173 defendant had failed to execute and file the undertaking required by G.S. § 1-111 for actions seeking recovery of possession of real property.”
Motley v. Thompson, 131 S.E.2d 447 (N.C. 1963).
· cites it 8× “Burch, assistant clerk of the superior court of Guilford County, entered a judgment by default final stating that it appeared that defendants’ cross-action was an action in ej ectment, which was served on plaintiffs on 27 April 1962, that plaintiffs before filing their reply…”
Swan Quarter Farms, Inc. v. Spencer, 514 S.E.2d 735 (N.C. Ct. App. 1999).
· cites it 3× “On the merits of plaintiff’s cross-assignment of error, defendants argue that the trial court properly exercised its discretion in allowing defendants to file a G.S. 1-111 defense bond. Defendants contend that North Carolina courts have held that the bond requirement may be…”
Narron v. Union Camp Corp., 344 S.E.2d 64 (N.C. Ct. App. 1986).
· cites it 2× “This language is similar in its operative provisions to G.S. 1-111, which deals with defendant’s bond.”
Scott v. Jordan, 69 S.E.2d 557 (N.C. 1952).
· cites it 2× “The defendant asserts that her appeal from the order of Judge Nettles denying her motion to strike “carried the entire case to the Supreme Court,” and that by reason thereof Judge Bennett had no jurisdiction to make the order requiring the defendant to give an increased defense…”
Calaway v. . Harris, 47 S.E.2d 796 (N.C. 1948).
“For instance, it is provided by G. S., 1-111, that in actions for the recovery of the possession of real property, the defendant, before he is permitted to plead, “must execute and file” a defense bond, or in lieu thereof certificate and affidavit as provided by G.”
Gates v. McDonald, 162 S.E.2d 143 (N.C. Ct. App. 1968).
· cites it 4× “The sole assignment of error brought forward in plaintiff’s brief relates to the overruling of plaintiff’s motion to strike the answer of the defendants because of their failure to file a bond for costs and damages as required by G.S. 1-111. Section 1-111 of the General Statutes…”
Sisk v. Perkins, 140 S.E.2d 753 (N.C. 1965).
“* * * For instance, it is provided by G.S. 1-111, that in actions for the recovery of the possession of real property, the defendant, before he is permitted to plead, 'must execute and file’ a defense bond, or in lieu thereof certificate and affi *47 davit as provided by G.”
Whitaker v. . Raines, 39 S.E.2d 266 (N.C. 1946).
· cites it 2× “, 1-125), or bond given-as required by G. S., 1-111, or affidavit made that defendants were unable to give bond as allowed by G.”
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