Backer v. Gomez

JOHNSON, Judge.

By their sole issue raised in this appeal, defendants contend that the Superior Court judgment of 4 October 1984 terminating plaintiffs’ lease with Homeland, Inc. precluded plaintiffs from asserting any leasehold rights under the lease. We disagree.

N.C.G.S. 1-289 regarding undertaking to stay execution on a money judgment provides in pertinent part that:

If the appeal is from a judgment directing the payment of money, it does not stay the execution of the judgment unless a written undertaking is executed on the part of the appellant, by one or more sureties, to the effect that…