In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in the office of the clerk of the superior court of the county where the suit is pending an undertaking with sufficient surety, in an amount fixed by the court, not less than two hundred dollars ($200.00), to be void on condition that the defendant pays to the plaintiff all costs and damages which the latter recovers in the action, including damages for the loss of rents and profits.
History
(1869-70, c. 193; Code, s. 237; Rev., s. 453; C.S., s. 495.)
Legal Periodicals. - For comment on access of indigents into the civil courtroom, see 49 N.C.L. Rev. 683 (1971).