Summoning jury in cases of alleged fraud.

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Whenever a debtor in custody under the provisions of this chapter shall be accused by the plaintiff (a) of fraud, (b) of having given an undue preference to one creditor to the prejudice of another or (c) of having made a false return, the clerk of the circuit court, who shall hear the prisoner's application, may place the names of twenty-four persons qualified as jurors in a box and from them draw eighteen and direct the sheriff of the county to summon the eighteen whose names shall be thus drawn to attend at the place where the prisoner is confined and at such time as the clerk shall appoint. In the same manner from them shall be drawn twelve, who shall be empaneled to try the facts required by this article.

HISTORY: 1962 Code Section 10-849; 1952 Code Section 10-849; 1942 Code Section 858; 1932 Code Section 858; Civ. P. '22 Section 806; Civ. C. '12 Section 4183; Civ. C. '02 Section 3079; G. S. 2412; R. S. 2531; 1833 (6) 491.


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