NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 747

SENATE BILL 376

 

 

AN ACT TO AMEND G.S. 1-131 RELATING TO PROCEDURE AFTER HEARING ON DEMURRER.

 

The General Assembly of North Carolina do enact:

 

Section 1.  That G.S. 1-131 is hereby amended by striking out the period at the end of the second sentence thereof, inserting a comma in lieu thereof, and adding after said comma the following: "and if there has been no appeal from the judgment sustaining the demurrer the plaintiff may, one time, commence a new action in the same manner as if the plaintiff had been nonsuited."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification, and shall be applicable to pending litigation as well as to litigation commenced thereafter.

In the General Assembly read three times and ratified, this the 1st day of June, 1965.