7A-227. Stay of execution on appeal.
Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed by order of the clerk of superior court upon petition by the appellant accompanied by undertaking in writing, executed by one or more sufficient sureties approved by the clerk, to the effect that if judgment be rendered against appellant the sureties will pay the amount thereof with costs awarded against the appellant. Appeal from judgment of a magistrate does stay execution if the judgment is for money damages. This section shall not require any undertaking of appellants in summary ejectment actions other than those imposed by Chapter 42 of the General Statutes. (1965, c. 310, s. 1; 1967, c. 24, s. 1; 1977, c. 844; 1979, c. 820, s. 9.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
Article 19 - Small Claim Actions in District Court.
§ 7A-210 - Small claim action defined.
§ 7A-211 - Small claim actions assignable to magistrates.
§ 7A-211.1 - Actions to enforce motor vehicle mechanic and storage liens.
§ 7A-212 - Judgment of magistrate in civil action improperly assigned or not assigned.
§ 7A-213 - Procedure for commencement of action; request for and notice of assignment.
§ 7A-214 - Time within which trial is set.
§ 7A-215 - Procedure upon nonassignment of small claim action.
§ 7A-217 - Methods of subjecting person of defendant to jurisdiction.
§ 7A-218 - Answer of defendant.
§ 7A-219 - Certain counterclaims; cross claims; third-party claims not permissible.
§ 7A-220 - No required pleadings other than complaint.
§ 7A-221 - Objections to venue and jurisdiction over person.
§ 7A-222 - General trial practice and procedure.
§ 7A-223 - Practice and procedure in small claim actions for summary ejectment.
§ 7A-224 - Rendition and entry of judgment.
§ 7A-225 - Lien and execution of judgment.
§ 7A-226 - Priority of judgment when appeal taken.
§ 7A-227 - Stay of execution on appeal.
§ 7A-229 - Trial de novo on appeal.
§ 7A-230 - Jury trial on appeal.