NC General Statutes
N.C. Gen. Stat. § 1-269 (2026)
Certiorari, recordari, and supersedeas
✓ current as of July 2026
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Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an appeal, may issue when ordered upon the applicant filing a written undertaking for the costs only; but the supersedeas, to suspend execution, shall not issue until an undertaking is filed or a deposit made to secure the judgment sought to be vacated, as in cases of appeal where execution is stayed. (1874-5, c. 109; Code, s. 545; Rev., s. 584; C.S., s. 630.)
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1950–2025 · leading case: Chavez v. Carmichael, 822 S.E.2d 131 (N.C. Ct. App. 2018).
Chavez v. Carmichael, 822 S.E.2d 131 (N.C. Ct. App. 2018). “N.C. Gen. Stat. § 1-269 (2017). III. Analysis The Sheriff, Petitioners, and Amicus all present the same arguments with regard to both Petitioners.”
Moore v. City of Asheville, Nc, 290 F. Supp. 2d 664 (W.D.N.C. 2003). “Section 10-86 provides for a Noise Ordinance Appeals Board (“Appeals Board”) to which a person charged under the Noise Ordinances may appeal.”
Harper v. City of Asheville, 585 S.E.2d 240 (N.C. Ct. App. 2003). “§ 1-269, that the complete record of proceedings before the Board be filed with the court.”
House of Raeford Farms, Inc. v. City of Raeford, 408 S.E.2d 885 (N.C. Ct. App. 1991). “We recognize that “if a petition alleges facts sufficient to establish the right of review on certiorari its validity as a pleading is not impaired by the fact the petitioner does not specifically pray that the court issue a writ of certiorari.”
Equitable Leasing Corp. v. Myers, 265 S.E.2d 240 (N.C. Ct. App. 1980). “Our Supreme Court reversed, stating that the statutory provisions available to defendant for a *167 stay of execution upon a money judgment under G.S. 1-269 and G.S. 1-289, as well as the authorization which Rule 62(g) grants the trial court to stay enforcement of a judgment…”
Davis v. Hiatt, 390 S.E.2d 338 (N.C. 1990). “Justice Ervin, writing for this Court, said "G.S. 1-269 expressly stipulates that `writs of certiorari .”
Wachovia Realty Investments v. Hous., Inc., 232 S.E.2d 667 (N.C. 1977). “As the Court of Appeals observed in its opinion, G.S. 1-269 and G.S. 1-289 provide for a stay of execution upon a money judgment, provided the judgment debtor gives a bond or makes a deposit, and G.”
Berger v. New Hanover Cnty. Bd. of Comm'rs, 2013 NCBC 45 (N.C. Bus. Ct. 2013). “The court has the power and jurisdiction to review the Board’s action pursuant to N.C.G.S. § 1-269, the record below has been furnished, and the matter is properly before the court; 4.”
Baker v. Varser, 82 S.E.2d 90 (N.C. 1954). “We held in our former opinion that there was in effect at that time no provision for an appeal from the Board of Law Examiners, and therefore under G. S. 1-269 authorized a writ of certiorari “to the end that the record of pertinent proceeding in respect to question of rule…”
In Re Discharge of Burris Ex Rel. City Manager, 135 S.E.2d 27 (N.C. 1964). “, speaking for the Court, said: “G.S. 1-269 expressly stipulates that ‘writs of certiorari * * are authorized as heretofore in use.”
Baker v. Varser, 79 S.E.2d 757 (N.C. 1954). “So, if it be conceded that there was in effect no provision for an appeal from tbe Board of Law Examiners, tbe statute, G.S. 1-269, provides that writ of certiorari is authorized as heretofore in use.”
Russ v. Bd. of Educ. of Brunswick Cnty., 59 S.E.2d 589 (N.C. 1950). “G.S. 1-269 expressly stipulates that “writs of certiorari .”
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