State ex rel. Jacobs v. Sherard

ERWIN, Judge.

Defendant appellants present one question for our determination: “Did the trial court err in holding that it had jurisdiction in this matter while the same was pending on appeal in the Court of Appeals?” We answer “no,” and affirm the judgment entered by the trial court.

G.S. 1-294 provides:

“Scope of stay; security limited for fiduciaries.— When an appeal is perfected as provided by this article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other matter included in…