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NC General Statutes

N.C. Gen. Stat. § 42-32 (2026)

Damages assessed to trial

✓ current as of July 2026
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On appeal to the district court, the jury trying issues joined shall assess the damages of the plaintiff for the detention of his possession to the time of the trial in that court; and, if the jury finds that the detention was wrongful and that the appeal was without merit and taken for the purpose of delay, the plaintiff, in addition to any other damages allowed, shall be entitled to the amount of rent in arrears, or which may have accrued, to the time of trial in the district court. Judgment for the rent in arrears and for the damages assessed may, on motion, be rendered against the sureties to the appeal. (1868-9, c. 156, s. 28; Code, s. 1775; Rev., s. 2006; C.S., s. 2371; 1945, c. 796; 1971, c. 533, s. 7; 1979, c. 820, s. 7.)

 

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1945–2024 · leading case: Usher v. Waters Ins. & Rlty. Co., Inc., 438 F. Supp. 1215 (W.D.N.C. 1977).
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Usher v. Waters Ins. & Rlty. Co., Inc., 438 F. Supp. 1215 (W.D.N.C. 1977). · cites it 9× “N.C.G.S. § 42-32. No other losing class of appellants runs the risk of a double damage penalty for prosecuting a losing appeal.”
Twin City Apts., Inc. v. Landrum, 263 S.E.2d 323 (N.C. Ct. App. 1980). · cites it 2× “42-26(1) and G.S. 42-32, is unconstitutional. Defendant argues first that G.”
Seligson v. . Klyman, 42 S.E.2d 220 (N.C. 1947). “Whether G. S., 42-32, as amended by Ch. 796, Session Laws 1945, can be invoked in favor of tbe plaintiff is not presented and will not be determined in advance of a ruling on tbe matter in tbe court below.”
Hous. Auth. of City of Durham v. Thorpe, 148 S.E.2d 290 (N.C. 1966). “*434 G.S. 42-32; McGuinn v. McLain, 225 N.C. 750 , 36 S.”
McGuinn v. . McLain, 36 S.E.2d 377 (N.C. 1945). “The plaintiffs insist that the third issue should have been submitted in view of the provisions of chapter 796, Session Laws of 1945, amending G. S., 42-32, as follows: “On appeal to the superior court, the jury trying issues joined shall assess the damages of the plaintiff for…”
L.I.C. Assocs. I v. Brown (N.C. Ct. App. 2024). “42-26(1) and G.S.42-32, is unconstitutional[,]” stating [o]nce the estate of the lessee expires, the lessor, by virtue of his superior title, may resume possession by following proper procedures.”
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