N.C. Gen. Stat. § 17-11
Sufficiency of writ; defects of form immaterial
North Carolina · North Carolina General Statutes Chapter 17 — Chapter 17. · Status: effective
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- N.C. Gen. Stat. § 17-11, Sufficiency of writ; defects of form immaterial, North Carolina, version 1 as recorded 2026-08-18, yourstate.us, https://yourstate.us/provision/1308639
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Full text
Sufficiency of writ; defects of form immaterial. No writ of habeas corpus shall be disobeyed on account of any defect of form. It shall be sufficient - (1) If the person having the custody of the party imprisoned or restrained be designated either by his name of office, if he have any, or by his own name, or, if both such names be unknown or uncertain, he may be described by an assumed appellation, and anyone who may be served with the writ shall be deemed the person to whom it is directed, although it may be directed to him by a wrong name, or description, or to another person.
(2) If the person who is directed to be produced be designated by name, or if his name be uncertain or unknown, he may be described by an assumed appellation or in any other way, so as to designate the person intended. (1868-9, c. 116, ss. 7, 8; Code, ss. 1629, 1630; Rev., s. 1829; C.S., s. 2213.)