Gates v. McDonald

The sole assignment of error brought forward in plaintiff’s brief relates to the overruling of plaintiff’s motion to strike the answer of the defendants because of their failure to file a bond for costs and damages as required by G.S. 1-111.

Section 1-111 of the General Statutes provides as follows:

“In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in the office of the clerk of the superior court of the county where the suit is pending an undertaking with sufficient surety, in an amount fixed by the court, not…