NC General Statutes
N.C. Gen. Stat. § 42-35 (2026)
Restitution of tenant, if case quashed, etc., on appeal
✓ current as of July 2026
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If the proceedings before the magistrate are brought before a district court and quashed, or judgment is given against the plaintiff, the district or other court in which final judgment is given shall, if necessary, restore the defendant to the possession, and issue such writs as are proper for that purpose. (1868-9, c. 156, s. 27; Code, s. 1774; Rev., s. 2009; C.S., s. 2374; 1971, c. 533, s. 9.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1980–2024 · leading case: Murillo v. Daly, 609 S.E.2d 478 (N.C. Ct. App. 2005).
Murillo v. Daly, 609 S.E.2d 478 (N.C. Ct. App. 2005). “Defendant’s right to possession is protected by virtue of G.S. 42-35 and G.S. 42-36, which provide a remedy to the tenant if he is evicted, but later restored to possession.”
Twin City Apts., Inc. v. Landrum, 263 S.E.2d 323 (N.C. Ct. App. 1980). “Defendant’s right to possession is protected by virtue of G.S. 42-35 and G.S. 42-36, which provide a remedy to the tenant if he is evicted, but later restored to possession.”
L.I.C. Assocs. I v. Brown (N.C. Ct. App. 2024). “N.C. Gen. Stat. § 42-35 (2023). North Carolina General Statute Section 42-36 states 1 “When adopted in 1778, before the existence of the United States of America, current N.”
River Hills Apts. v. Hardy, 609 S.E.2d 499 (N.C. Ct. App. 2005). “See N.C. Gen. Stat. §§ 42-35 to -36 (2003). Accordingly, we reverse the district court's judgment and remand the cause for further proceedings.”
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