State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-294

§1‑294.  Scope of stay; security limited for fiduciaries.

When an appeal is perfected asprovided by this Article it stays all further proceedings in the court belowupon the judgment appealed from, or upon the matter embraced therein; but thecourt below may proceed upon any other matter included in the action and notaffected by the judgment appealed from. The court below may, in its discretion,dispense with or limit the security required, when the appellant is anexecutor, administrator, trustee, or other person acting in a fiduciarycapacity. It may also limit such security to an  amount not more than fiftythousand dollars ($50,000), where it would otherwise exceed that sum. (C.C.P.,s. 308; Code, s. 558; Rev., s. 602; C.S., s. 655.)