Crockett v. Lowry

The defendant perfected her appeal to the district court when she gave notice of appeal in open court and the same was thereafter *73noted in writing by the magistrate upon the judgment. G.S. 7A-228. Porter v. Cahill, 1 N.C. App. 579, 162 S.E. 2d 128. We find no authority for a magistrate to require an “appeal bond” as a condition precedent to an appeal from a judgment rendered by him.

It should be noted that we are not concerned here with the bond to suspend execution authorized by G.S. 42-34 which was required by the magistrate. Nor does the so-called “appeal bond” purport to be the defense…