The defendant may be arrested, as hereinafter prescribed, in the following cases:
(1) In an action for the recovery of damages on a cause of action not arising out of contract where the action is for willful, wanton, or malicious injury to person or character or for willfully, wantonly or maliciously injuring, taking, detaining, or converting real or personal property.
(2) In an action for a fine or penalty, for seduction, for money received, for property embezzled or fraudulently misapplied by a public officer, attorney, solicitor, or officer or agent of a corporation or banking association in the course of his employment, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment.
(3) In an action to recover the possession of personal property, unjustly detained, where all or any part of the property has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.
(4) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
(5) When the defendant has removed, or disposed of his property, or is about to do so, with intent to defraud his creditors. The term "creditors" shall include, but not by way of limitation, a dependent spouse who claims alimony. The term "creditors" shall include, but not by way of limitation, a minor child entitled to an order for support. (1777, c. 118, s. 6, P.R.; R.C., c. 31, s. 54; C.C.P., s. 149; 1869-70, c. 79; Code, s. 291; 1891, c. 541; Rev., s. 737; C.S., s. 768; 1943, c. 543; 1961, c. 82; 1967, c. 1153, ss. 4, 6.)
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1949–2024 · leading case:
Grimes v. Miller, 429 F. Supp. 1350 (M.D.N.C. 1977).
Grimes v. Miller, 429 F. Supp. 1350 (M.D.N.C. 1977).
· cites it 10× “Grimes has no more interest in his attack upon the pre judgment arrest and bail statutes of North Carolina than has any other debtor described in N.C.Gen.Stat. § 1-410. With an exception not here relevant, it is settled that one may not maintain an attack upon the…”
Koury v. John Meyer of Norwich, 261 S.E.2d 217 (N.C. Ct. App. 1980).
· cites it 10× “The North Carolina statute which specifies the causes for which a defendant in a civil action may be subjected to prejudgment arrest is G.S. 1-410. For purposes of this appeal the pertinent portions of G.”
Nunn v. Smith, 154 S.E.2d 497 (N.C. 1967).
· cites it 3× “From an examination of the record, the right to arrest in the instant case is claimed by virtue of sub-division (4) of G.”
Leonard v. Williams, 397 S.E.2d 321 (N.C. Ct. App. 1990).
· cites it 5× “§ 1-311, an award of punitive damages in a cause of action specified under N.C.G.S. § 1-410, alone, does not give rise to execution against the person.”
Windham Distrib. Co. v. Davis, 323 S.E.2d 506 (N.C. Ct. App. 1984).
· cites it 3× “The record clearly reveals that this action was one in which the defendant could have been arrested under the Arrest and Bail statute, G.S. 1-410. Section (1) of G.S. 1-410 provides that the defendant may be arrested [i]n an action for the recovery of damages on a cause of…”
In Re Holt, 160 S.E.2d 90 (N.C. Ct. App. 1968).
“2 and G.S. 1-410(5). By the enactment of this Chapter the Legislature has sought to eliminate the conflicting and inconsistent statutes, which have caused pitfalls for litigants, and to bring all of the statutes relating to child custody and support together into one act.”
Edwards Ex Rel. Edwards v. Jenkins, 101 S.E.2d 410 (N.C. 1958).
“G.S. 1-410 provides that a defendant may be arrested in a civil action “for the recovery of damages on a cause of action not arising out of contract where the action is for wilful, wanton or malicious injury to person.”
Long v. Love, 53 S.E.2d 661 (N.C. 1949).
· cites it 2× “A defendant may be arrested and held to bail in a civil action, in this State, for the recovery of damages on a cause of action not arising out of contract where the action is for willful, wanton or malicious injury to person.”
Bandy v. a Perfect Fit for You, Inc., 2017 NCBC 63 (N.C. Bus. Ct. 2017).
· cites it 11× “In Count X, Bandy purports to raise claims under G.S. §§ 1-410 and 1- 311 for a judgment of arrest against the person against Margaret.”
Rouse v. Wheeler, 194 S.E.2d 555 (N.C. Ct. App. 1973).
“That the costs of this action be taxed against the Defendant.”
State v. Daw (N.C. 2024).
“§ 1-410 (2023) (listing civil cases in which “[t]he defendant may be arrested”).”
Gunn v. Hess, 367 S.E.2d 399 (N.C. Ct. App. 1988).
“Defendant’s answers to interrogatories 14 and 15 might also necessarily tend to subject her to a verdict or an award of punitive damages, and to an execution against her person.”
— N.C. Gen. Stat. § 1-410(1) — 2 cases
Windham Distrib. Co. v. Davis, 323 S.E.2d 506 (N.C. Ct. App. 1984).
“The record clearly reveals that this action was one in which the defendant could have been arrested under the Arrest and Bail statute, G.S. 1-410. Section (1) of G.S. 1-410 provides that the defendant may be arrested [i]n an action for the recovery of damages on a cause of…”
Rouse v. Wheeler, 194 S.E.2d 555 (N.C. Ct. App. 1973).
“That the costs of this action be taxed against the Defendant.”
— N.C. Gen. Stat. § 1-410(4) — 2 cases
Koury v. John Meyer of Norwich, 261 S.E.2d 217 (N.C. Ct. App. 1980).
“The North Carolina statute which specifies the causes for which a defendant in a civil action may be subjected to prejudgment arrest is G.S. 1-410. For purposes of this appeal the pertinent portions of G.”
Bandy v. a Perfect Fit for You, Inc., 2017 NCBC 63 (N.C. Bus. Ct. 2017).
“In Count X, Bandy purports to raise claims under G.S. §§ 1-410 and 1- 311 for a judgment of arrest against the person against Margaret.”
— N.C. Gen. Stat. § 1-410(5) — 1 case
In Re Holt, 160 S.E.2d 90 (N.C. Ct. App. 1968).
“2 and G.S. 1-410(5). By the enactment of this Chapter the Legislature has sought to eliminate the conflicting and inconsistent statutes, which have caused pitfalls for litigants, and to bring all of the statutes relating to child custody and support together into one act.”
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.