NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 844

SENATE BILL 503

 

 

AN ACT TO ALLOW APPEAL OF A MONEY JUDGMENT IN MAGISTRATE'S COURT TO STAY EXECUTION OF THE JUDGMENT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-227 is amended to read as follows:

"§ 7A-227.  Stay of execution on appeal. — Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed by order of the clerk of superior court upon petition by the appellant accompanied by undertaking in writing, executed by one or more sufficient sureties approved by the clerk, to the effect that if judgment be rendered against appellant the sureties will pay the amount thereof with costs awarded against the appellant. Appeal from judgment of a magistrate does stay execution if the judgment is for money damages."

Sec. 2.  This act shall become effective on July 1, 1977.

In the General Assembly read three times and ratified, this the 30th day of June, 1977.