The motion must be allowed. En-teriug into bond with two securities is a condition to be perE~ormed before the party dissatisfied with thejudgmeñt of the County Court can obtain an appeal. Let the appeal be dismissed.
Jones v. Sykes, 5 N.C. 281, 1 Mur. 281 (1809)
July 1809
·
Supreme Court of North Carolina
5 N.C. 281, 1 Mur. 281
Jones v. Sykes.
~l {.From Cabarrus. J
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, of 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 j and the case being sent to this Court upon the motion to dismiss the appeal,