Jones v. Sykes

• Decision Date: 31 July 1809
• Citation: 5 N.C. 281
• Court: North Carolina Supreme Court
• Parties: JONES v. SYKES.

5 N.C. 281

JONES

v.SYKES.

SUPREME COURT OF NORTH CAROLINA

JULY TERM, 1809.

From Cabarrus.

Appellant bound to give two securities, and one only being given, appeal dismissed.

THE plaintiff prayed an appeal from the judgment of the County Court of Cabarrus, and executed an appeal bond with one security only. At October Term, 1808, the Cabarrus Superior Court, defendant's counsel moved to dismiss the appeal, on the ground that the act of Assembly regulating appeals required the appellant to enter into bond with two securities; and the case was sent to this Court upon the motion to dismiss the appeal.

BY THE COURT. The motion must be allowed. Entering into bond with two securities is a condition to be performed before the party dissatisfied with the judgment of the County Court can obtain an appeal. Let the appeal be dismissed.