Hancock v. . Bramlett
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Cl.ay Superior Court, before McKoy, J. The defendant appealed from the judgment of the court below.
1Opinion of the CourtSmith, C. J.
The plaintiff moves to dismiss the appeal for non-compliance with the directions of section 310 of the Code, in that the written undertaking required to secure the costs of the appellee by section 303 is not accompanied with the affidavit of the surety that he is worth double the amount specified therein. We do not assent to a suggested construction of this enactment which confines its force to the intervening sections 304 to 307, inclusive, by reason of its reference to the sureties in the plural, as mentioned in each of them, while a single surety is sufficient on appeal under section 303.…
2Cited by4 opinions
- Hakshaw's Executors v. McDowellSupreme Court of North Carolina · 1883
- Gruber Ex Rel. Gruber v. Washington & Jamesville RailroadSupreme Court of North Carolina · 1885
- State v. . WagnerSupreme Court of North Carolina · 1884
- Greenlee v. . McCelveySupreme Court of North Carolina · 1885