Anthony v. . Carter

Decided October 5, 1884

Supreme Court of North Carolina · decided 1884-10-05

Civil ActioN, tried at Spring Term, 1884, of AlleghaNy Superior Court, before Gilmer, J. The action was brought against the defendant for breach of an alleged contract entered into by the defendant to account to the plaintiff for the rents and profits of the land described in the complaint. The case having been at issue on the pleadings, a motion was made by the plaintiff to have a reference for an account.

Cited by 2 later decisions — most recently February 1886

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-10-05

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*231 Ashe, J.

¶1 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.”

¶2 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.

¶3 Appeal dismissed.