On the return of the rule several counter affidavits were filed, (12) made by citizens of Fayetteville, who stated they were well acquainted with Trice and had done business for him. Some stated they had been applied to to become his sureties to the appeal, and had refused, others that they had not been called on, and would have refused if they had been applied to. Let the certiorari be granted on the party's giving bond and surety as required by law.

Cited: Britt v. Patterson, 31 N.C. 201.