Page:Revised Statutes of the State of North Carolina - Volume 1.djvu/656

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 * APPEALS AND PROCEEDINGS IN THE NATURE OF APPEALS.
 * Appeal allowed from any sentence, judgment or decree of the county to the superior court, 61.
 * from orders of the county court appointing or removing a guardian, 61.
 * on the probate of wills or granting letters of administration, 61, 621.
 * on the trial of caveats, 61.
 * in cases of petition for damages causes by the erection of a public mill, 62.
 * or for laying out roads or settling ferries, 61, 538.
 * or for laying out cart ways or erecting gates, &c., 547.
 * may be taken by the prosecuting attorney upon an issue that the defendant is the father of ofof [sic] a bastard child, 91.
 * allowed in cases of cases of prosecution or indictment for trading with slaves, 211.
 * from judgments on forfeited recognizances, 221
 * from the finding on an issue of fraud, made under the insolvent debtors' act, 326
 * In such case any one or more of their creditors may appeal without the others, 328.
 * Appeals allowed in cases of slaves charged with trading with each other, and free negroes charged with trading with slaves, 591.
 * Appellant to enter into bond with two securities for performing the judgment of the superior court, if against him, 61.
 * Duty of the clerk of the county court to file a transcript in the superior court, 62.
 * Appeal to stand for trial at first term, 62.
 * Appellant may procure a transcript and file it in the superior court, 62.
 * How appellant may proceed when there is a vacancy in the office of the superior court clerk, 62.
 * If appellant fails to file a transcript, appellee may proceed and have the judgment affirmed with double costs to be paid by the appellant, 63.
 * On an appeal the clerk of the county court may issue subpœnas for witnesses, 63.
 * Defendants in actions of debt, covenant or assumpsit, appealing for delay, to pay four per cent, additional interest, 63.
 * Plaintiff appealing and not recovering a greater sum in the superior court to have no costs, but may be ordered to pay the same, 63.
 * Bonds for appeal and for prosecution of suit to be sent up as part of the record, and judgment may be entered on them, 63.
 * No appeal to be dismissed for want of form, 63.
 * Clerk of superior court shall, if required, give a receipt for the transcript, 63.
 * Cause to be placed on the trial docket, if there are ten days between the last day of the county court and the first day of the next superior court, 64.
 * If not, cause to be entered for trial at the next term, 64.
 * After transcript filed, clerk of the superior court to issue subpœnas, 64.
 * Penalty on clerks for failing to perform their duty in regard to appeals, 64.
 * Persons obtaining writs of recordari or false judgment to give security as in cases of appeal, 64.
 * Clerks of county courts to take security from persons obtaining certioraris, 64.
 * Writs of error may be granted by superior courts, 64.
 * Party praying such writ to assign error, and given bond, and give ten days’ notice to opposite party, 64, 65.
 * What judgment may be granted by the superior court on such writ, 64.
 * No writ of error to be allowed but within five years after judgment, 65.
 * Proviso for persons under disabilities, 65.
 * No writ of error for matter of fact to be allowed but within five years after judgment, 65.
 * Appeals from the superior to the supreme court allowed on giving bond, 65, 185.
 * Supreme court to render judgment upon an inspection of the whole record, 66, 185.
 * Judges of the superior courts may allow appeals from interlocutory judgments, 65.
 * In such cases so much only of the record as they may thing necessary to be sent up, 65.
 * The whole cause to be removed to the supreme court, 66.
 * In appeal to the supreme court, appellant must file a transcript within the first seven days of the term, 66.
 * Supreme court may render judgment against securities for an appeal, 66.
 * How the appellee may proceed when the appellant fails to file the appeal within proper time, 66.
 * How judgment for costs to be rendered, 66.
 * Appeals to the supreme court allowed in equity cases, 66.
 * Appeals not to abate by the death of either party, 57.