29-404. Recovery by civil action of damages assessed; attorney's fee.
29-404
29-404. Recovery by civil action of damages assessed; attorney's fee.If any party against whom damages shall be assessed by the fence viewersunder the provisions of this act shall fail or refuse to pay thedamages so assessed, after the same shall have been demanded, and afterreceiving a copy of such assessment made by the fence viewers as aforesaid,the same may be recovered by civil action in any court of competentjurisdiction; and in all such actions the assessments of the fence viewers,subscribed by them, shall be received in all courts as prima facie evidenceof the amount of damages actually sustained by the party in whose favorgiven and in all such actions the court shall fix and allow to theprevailing party a reasonable attorney's fee.
History: G.S. 1868, ch. 40, § 29; R.S. 1923, 29-404; L. 1949, ch. 270, § 7;July 1.