1-529. Appeal; bonds of parties.
No appeal by the defendant to the appellate division from the judgment of the superior court in such action shall stay the execution of the judgment, unless a justified undertaking is executed on the part of the appellant by one or more sureties, in a sum to be fixed by the court, conditioned that the appellant will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellant by virtue or under color of the office. In no event shall the judgment be executed pending appeal, unless a justified undertaking is executed on the part of the appellee by one or more persons in a sum to be fixed by the court, conditioned that the appellee will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellee by virtue or under color of office during his occupancy thereof. (1885, c. 406, s. 2; Rev., s. 842; C.S., s. 884; 1969, c. 44, s. 13.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-514 - Writs of scifaand quo warranto abolished.
§ 1-515 - Action by Attorney General.
§ 1-516 - Action by private person with leave.
§ 1-517 - Solvent sureties required.
§ 1-518 - Leave withdrawn and action dismissed for insufficient bond.
§ 1-519 - Arrest and bail of defendant usurping office.
§ 1-520 - Several claims tried in one action.
§ 1-522 - Time for bringing action.
§ 1-523 - Defendant's undertaking before answer.
§ 1-524 - Possession of office not disturbed pending trial.
§ 1-525 - Judgment by default and inquiry on failure of defendant to give bond.
§ 1-526 - Service of summons and complaint.
§ 1-527 - Judgment in such actions.
§ 1-528 - Mandamus to aid relator.
§ 1-529 - Appeal; bonds of parties.
§ 1-530 - Relator inducted into office; duty.