North Carolina General Statutes 1-286. Justification of sureties
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Terms Used In North Carolina General Statutes 1-286
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Any written undertaking on appeal under N.C. Gen. Stat. § 1-285 must be accompanied by an affidavit of one of the sureties that the surety is worth double the amount specified in the undertaking. The respondent may object to the sufficiency of the sureties within 10 days after the notice of appeal; and unless a surety justifies within 10 days after the objection, 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; 2023-54, s. 4.)