1-297. Judgment on appeal and on undertakings; restitution.
Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties, and may, if necessary or proper, order a new trial. When the judgment is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment. Undertakings for the prosecution of appeals and on writs of certiorari shall make a part of the record sent up to the appellate division on which judgment may be entered against the appellant or person prosecuting the writ of certiorari and his sureties, in all cases where judgment is rendered against the appellant or person prosecuting the writ. (1785, c. 233, s. 2, P.R.; 1810, c. 793, P.R.; 1831, c. 46, s. 2; R.C., c. 4, s. 10; C.C.P., s. 314; Code, s. 563; Rev., s. 605; C.S., s. 658; 1969, c. 44, s. 10.)
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.