NC General Statutes
N.C. Gen. Stat. § 1-23 (2026)
Time of stay by injunction or prohibition
✓ current as of July 2026
Find cases:
SyfertCases citing this section
NCLEGncleg.gov (official)
JustiaChapter 1
CornellLII Search
CasesGoogle Scholar
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (C.C.P., s. 46; Code, s. 167; Rev., s. 368; C.S., s. 413.)
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1946–2024 · leading case: Stokes v. Se. Hotel Props., Ltd., 877 F. Supp. 986 (W.D.N.C. 1994).
Stokes v. Se. Hotel Props., Ltd., 877 F. Supp. 986 (W.D.N.C. 1994). “According to Plaintiffs' amended motion to strike, filed October 26, 1994, the limitation period was tolled as to SHPLP, under the automatic bankruptcy stay provisions as recognized by N.C.Gen.Stat. § 1-23, for a period of 462 days from August 15, 1991 until Stokes was granted…”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). “§ 1-22 (effect of death of plaintiff before limitations period expires); G.S. § 1-23 (when commencement of an action is stayed by injunction or prohibition); G.”
High v. Broadnax, 156 S.E.2d 282 (N.C. 1967). “Plaintiff promptly filed its claim there and, as soon as it was dismissed from that court for want of jurisdiction, it instituted in the Superior Court of New Hanover County the action in which the appeal was taken.”
First Citizens Bank & Trust Co. v. Martin, 261 S.E.2d 145 (N.C. Ct. App. 1979). “This order remained in effect until 30 January 1976 when an *266 order was entered in that action terminating the previous restraining order.”
First Citizens Bank & Trust Co. v. Martin, 261 S.E.2d 145 (N.C. Ct. App. 1979). “This order remained in effect until 30 January 1976 when an order was entered in that action terminating the previous restraining order.”
East Bay Co. (N.C. Ct. App. 2024). “N.C. Gen. Stat. § 1-23 Plaintiff further asserts N.”
State High. & Pub. Works Comm'n v. Diamond S.S. Transp. Corp., 38 S.E.2d 214 (N.C. 1946). “Court from proceeding except in'that jurisdiction; that it there filed its claim, promptly, against this defendant; that as *379 soon as its claim was dismissed from that court for want of jurisdiction (Louis-Dreyfus v.”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). “§ 1-22 (effect of death of plaintiff before limitations period expires); G.S. § 1-23 (when commencement of an action is stayed by injunction or prohibition); G.”
State v. Hollars, 673 S.E.2d 884 (N.C. Ct. App. 2009). “2d Judgments § 425 (2008); see also N.C. Gen. Stat. § 1-23 (2007) (time of continuance of injunction or prohibition is not part of time limited for commencement of action).”
K&s Res. (N.C. Ct. App. 2022). “3, § 1-234, § 1-15, and § 1-23, all have the effect of tolling the 10-year statute of limitations in § 1-47.”
K&s Res. (N.C. Ct. App. 2022). “3, § 1-234, § 1-15, and § 1-23, all have the effect of tolling the 10-year statute of limitations in § 1-47.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.