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21,583 statutes · page 7 of 1,080
United States — North Carolina
1 provisions
If an appeal is taken from a judgment of the clerk or a judge not sitting in session, the clerk may make the necessary orders to complete the appeal.
United States — North Carolina
1 provisions
This section was repealed by Session Laws 1975, c. 391, s. 7.
United States — North Carolina
1 provisions
This section says which judge may settle the record on appeal, and keeps that power even if the judge has left office.
United States — North Carolina
1 provisions
This section was repealed by Session Laws 1975, c. 391, s. 9.
United States — North Carolina
1 provisions
To make an appeal effective in a civil cause or special proceeding, the appellant must file a written undertaking with surety for $250 or a court-approved lesser amount, or deposit that sum with the appellate clerk.
United States — North Carolina
1 provisions
The respondent may challenge the sureties within 10 days after notice of appeal, and the justification must be on at least 5 days' notice.
United States — North Carolina
1 provisions
This section was repealed by Session Laws 1975, chapter 391, section 2.
United States — North Carolina
1 provisions
This section was repealed.
United States — North Carolina
1 provisions
An indigent party seeking an appeal may be allowed to appeal without posting security, but must file an affidavit of poverty within 30 days.
United States — North Carolina
1 provisions
An appeal from a money judgment does not stay execution unless the appellant gives a written undertaking with sureties, and the court sets the amount needed to obtain the stay.
United States — North Carolina
1 provisions
If one cotenant is time-barred in an action over personal property, the other cotenants’ rights are not affected and they may still recover their share.
United States — North Carolina
1 provisions
An appeal does not stay execution of a judgment that orders delivery of documents or personal property unless the items are brought into court, placed with an appointed officer or receiver, or the appellant gives an undertaking with at least two sureties.
United States — North Carolina
1 provisions
An appeal does not stay execution of a judgment directing a conveyance or similar instrument until the instrument is executed and deposited with the clerk.
United States — North Carolina
1 provisions
An appeal does not stay execution of a judgment ordering sale or delivery of real property unless the appellant gives a bond with sureties.
United States — North Carolina
1 provisions
If an appeal is pending and the stay undertaking has been given, the court may order the clerk to note on the docket that the judgment is secured on appeal.
United States — North Carolina
1 provisions
An appeal generally stays further proceedings in the lower court, except as the appellate rules allow. The lower court may also reduce or waive security in fiduciary cases, and may cap security at $50,000 if it would otherwise be higher.
United States — North Carolina
1 provisions
An appellant may put undertakings in one or several instruments, but usually must serve a copy with the notice of appeal on the adverse party unless the required deposit is made and notice of it is given.
United States — North Carolina
1 provisions
A stay of proceedings does not vacate the appealed judgment; the judgment and its lien stay in effect until the appellate division reverses or modifies it.
United States — North Carolina
1 provisions
On appeal, the appellate court may reverse, affirm, or modify the judgment or order, order a new trial if needed, and make restitution when a judgment is reversed or modified.
United States — North Carolina
1 provisions
After an appeal is determined in a civil case, the court below must act on the result at the first session and either continue execution, modify and carry out the judgment, or place a new-trial case on the docket.