1-286. Justification of sureties.
The written undertaking on appeal must be accompanied by the affidavit of one of the sureties that he is worth double the amount specified therein. The respondent may except to the sufficiency of the sureties within ten days after the notice of appeal; and unless they or other sureties justify within the ten days thereafter, the appeal shall be regarded as if no undertaking had been given. The justification must be upon a notice of not less than five days. (C.C.P., s. 310; Code, s. 560; 1887, c. 121; Rev., s. 594; C.S., s. 647; 1995 (Reg. Sess., 1996), c. 742, s. 42.4.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-268 - Writs of error abolished.
§ 1-269 - Certiorari, recordari, and supersedeas.
§ 1-270 - Appeal to appellate division; security on appeal; stay.
§ 1-277 - Appeal from superior or district court judge.
§ 1-278 - Interlocutory orders reviewed on appeal from judgment.
§ 1-281 - Appeals from judgments not in session.
§ 1-285 - Undertaking on appeal.
§ 1-286 - Justification of sureties.
§ 1-288 - Appeals by indigents; clerk's fees.
§ 1-289 - Undertaking to stay execution on money judgment.
§ 1-290 - How judgment for personal property stayed.
§ 1-291 - How judgment directing conveyance stayed.
§ 1-292 - How judgment for real property stayed.
§ 1-293 - Docket entry of stay.
§ 1-294 - Scope of stay; security limited for fiduciaries.
§ 1-295 - Undertaking in one or more instruments; served on appellee.
§ 1-296 - Judgment not vacated by stay.
§ 1-297 - Judgment on appeal and on undertakings; restitution.