Anthony v. . Carter
Cases that cite this one
4 later published cases cite this decision.
- Northern Counties Investment Trust v. Hender (Wash. 1895)
- State v. . Roper (N.C. 1886)
- State v. Roper (N.C. 1886)
- Halyburton v. . Dobson (N.C. 1871)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Code, § 560, declares that “ an undertaking upon an appeal, shall be of no effect unless it be accompanied by the affidavit of one of the sureties that he is worth double the amount specified therein.”
Here, there aré two sureties, and neither justifies in double the amount specified in the undertaking, though each does swear that'he is worth the amount of the undertaking after deducting his exemptions, &c., and the justification of the two is equal to the double the amount of the undertaking. But that is not a compliance with the statute. And the statute is so peremptory that we do not feel at liberty to disregard its express requirements. The court so held in Lytle v. Lytle, 90 N. C , 647. The appeal must be dismissed.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.