Anthony v. . Carter
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1884, of AlleghaNy Superior Court, before Gilmer, J. The action was brought against the defendant for breach of an alleged contract entered into by the defendant to account to the plaintiff for the rents and profits of the land described in the complaint. The case having been at issue on the pleadings, a motion was made by the plaintiff to have a reference for an account.
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Civil ActioN, tried at Spring Term, 1884, of AlleghaNy Superior Court, before Gilmer, J. The action was brought against the defendant for breach of an alleged contract entered into by the defendant to account to the plaintiff for the rents and profits of the land described in the complaint. The case having been at issue on the pleadings, a motion was made by the plaintiff to have a reference for an account. The defendant resisted the motion, but it was granted, and the case referred. From the order of reference the defendant appealed, and the appeal bond was fixed by the court at fifty…
1Opinion of the CourtAshe, J.
The Code, § 560, declares that “ an undertaking upon an appeal, shall be of no effect unless it be accompanied by the affidavit of one of the sureties that he is worth double the amount specified therein.”
Here, there aré two sureties, and neither justifies in double the amount specified in the undertaking, though each does swear that'he is worth the amount of the undertaking after deducting his exemptions, &c., and the justification of the two is equal to the double the amount of the undertaking. But that is not a compliance with the statute. And the statute is so peremptory that we do not…
2Cases cited1 opinion
- Lytle v. . LytleSupreme Court of North Carolina · 1884
3Cited by4 opinions
- Northern Counties Investment Trust v. HenderWashington Supreme Court · 1895
- Halyburton v. . DobsonSupreme Court of North Carolina · 1871
- State v. . RoperSupreme Court of North Carolina · 1886
- State v. RoperSupreme Court of North Carolina · 1886