Anthony v. . Carter

91 N.C. 229

• Court: Supreme Court of North Carolina
• Decided: October 5, 1884
• Status: Published

Opinion

Ashe, J.

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.