N.C. Gen. Stat. » Chapter 17
NC General Statutes

N.C. Gen. Stat. § 17-5 (2026)

By whom application is made

✓ current as of July 2026
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 17 CornellLII Search CasesGoogle Scholar

Application for the writ may be made either by the party for whose relief it is intended or by any person in his behalf. (1868-9, c. 116, s. 3; Code, s. 1625; Rev., s. 1823; C.S., s. 2207.)

 

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1982–2021 · leading case: Pake v. Byrd, 286 S.E.2d 588 (N.C. Ct. App. 1982).
Sort: Relevance Newest Treatment
Pake v. Byrd, 286 S.E.2d 588 (N.C. Ct. App. 1982). · cites it 4× “” Williston, supra, § 17-5 at 12. Whether the parties to the transaction have created an express warranty is a question of fact.”
Warzynski v. Empire Comfort Sys., Inc., 401 S.E.2d 801 (N.C. Ct. App. 1991). “Fonseca, Williston on Sales § 17-5 (4th ed. 1974). Accordingly, we hold that the language in Empire’s advertisement is merely puffing and not an express warranty.”
Hall v. T. L. Kemp Jewelry, Inc., 322 S.E.2d 7 (N.C. Ct. App. 1984). “5 Williston on Sales § 17-5 (4th ed. 1974). The law recognizes that some sellers’ statements are only sales palaver and not express warranties.”
Coastal Leasing Corp. v. O'NEAL, 405 S.E.2d 208 (N.C. Ct. App. 1991). “Coastal Refrigeration’s third argument asserting the lessor’s disclaimer of all warranties in the lease is immaterial.”
Chavez v. McFadden (N.C. 2020). · cites it 3× “§ 17-6, must allege, among other things, that the party “is imprisoned or restrained of his liberty,” the location of the party’s imprisonment, the person restraining the imprisoned party, “[t]he cause or pretense of such imprisonment or restraint,” and any supporting documents.…”
Chavez v. McFadden (N.C. 2020). · cites it 3× “§ 17-6, must allege, among other things, that the party “is imprisoned or restrained of his liberty,” the location of the party’s imprisonment, the person restraining the imprisoned party, “[t]he cause or pretense of such imprisonment or restraint,” and any supporting documents.…”
State v. Daw (N.C. Ct. App. 2021). “§ 17-5, and may be directed to any superior or appellate court judge, id.”
State v. Daw (N.C. Ct. App. 2021). “§ 17-5, and may be directed to any superior or appellate court judge, id.”
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.