Bryson v. . Lucas
Supreme Court of North Carolina
Motion by defendant for a restraining order and to vacate-a judgment (rendered in Macon Superior Court) heard at-Chambers on the 2-lst of September, 188=1, before McKoy,,J. His Honor granted a temporary restraining order but refused to vacate the judgment and the defendant appealed to* this court.
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Motion by defendant for a restraining order and to vacate-a judgment (rendered in Macon Superior Court) heard at-Chambers on the 2-lst of September, 188=1, before McKoy,,J. His Honor granted a temporary restraining order but refused to vacate the judgment and the defendant appealed to* this court. There was a motion here on the part of counsel for tlie appellee-to-dismiss* the appeal,, upon the ground the: biond given to secure the costs in this court was not justified by the surety,
1Opinion of the Court
Asee, J,
It is expressly declared in section 303 C. C. P. that, “ an undertaking upon an appeal shall be of no effect, unless it be accompanied by the affidavit of the sureties that they are each worth double the amount, specified therein.” “ To render an appeal effectual for any purpose a written undertaking must be executed on the part of the appellant with good and sufficient surety,” &c., and by section 310 C. 0. P. it is declared that “ an undertaking upon an appeal shall be of no effect unless it be accompanied by the affidavit of the sureties that they are each worth double the amount…
2Cited by4 opinions
- Northern Counties Investment Trust v. HenderWashington Supreme Court · 1895
- State v. . WagnerSupreme Court of North Carolina · 1884
- Royster v. . BurwellSupreme Court of North Carolina · 1884
- Turner v. . QuinnSupreme Court of North Carolina · 1884