29-303. Complainant may repair or rebuild, when; recovery; attorney's fee.
29-303
29-303. Complainant may repair or rebuild, when; recovery; attorney'sfee.If such fence be not repaired or rebuilt accordingly, the complainantmay repair or rebuild it, and the same being adjudged sufficient by thefence viewers, and the value thereof, with their fees, being ascertained bythem and certified under their hands, the complainant may demand of theowner of the land where the fence was deficient, the sum so ascertained;and in case of neglect to pay the same for one month after written demand,may recover it, with interest at the rate of one percent per month, byaction in any court of competent jurisdiction. In any such action the courtshall allow the prevailing party a reasonable sum for attorney's fee.
History: G.S. 1868, ch. 40, § 10; R.S. 1923, 29-303; L. 1949, ch. 270, § 3;July 1.