Wachovia Bank & Trust Co. v. Miller

The only question in the case is whether or not the payment of a judgment, pending an appeal, produces an abandonment of the appeal.

This question was under consideration in this same case reported in 184 N. C., 593.

The opinion of the Court, by Walker, J., states the proposition thus: “The question raised by the defendant’s answer or affidavit may be submitted to a jury, if the plaintiff takes issue with the defendant upon it, or the question thus raised may be otherwise determined by a finding of the court or a referee as the parties may agree or the court may decide. As the plaintiff alleges…