1-298. Procedure after determination of appeal.
In civil cases, at the first session of the superior or district court after a certificate of the determination of an appeal is received, if the judgment is affirmed the court below shall direct the execution thereof to proceed, and if the judgment is modified, shall direct its modification and performance. If a new trial is ordered the cause stands in its regular order on the docket for trial at such first session after the receipt of the certificate from the Appellate Division. (1887, c. 192, s. 2; Rev., s. 1526; C.S., s. 659; 1969, c. 44, s. 11; 1971, c. 268, s. 13.)
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.