NC General Statutes

N.C. Gen. Stat. § 1-290 (2026)

How judgment for personal property stayed

✓ current as of July 2026

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If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment is not stayed by appeal, unless the things required to be assigned or delivered are brought into court, or placed in the custody of such officer or receiver as the court appoints, or unless an undertaking be entered into on the part of the appellant, by at least two sureties, and in such amount as the court or a judge thereof directs, to the effect that the appellant will obey the order of the appellate court upon the appeal. (C.C.P., s. 305; Code, s. 555; Rev., s. 599; C.S., s. 651.)

Notes of Decisions

Cited in 5 cases, 1981–2019 · leading case: Wilmington Star-News, Inc. v. New Hanover Reg'l Med. Ctr., Inc., 480 S.E.2d 53 (N.C. Ct. App. 1997).

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Wilmington Star-News, Inc. v. New Hanover Reg'l Med. Ctr., Inc., 480 S.E.2d 53 (N.C. Ct. App. 1997). · cites it 2× “In addition, Morning Star argues that the statutory language conferring on the trial court the general statutory power to stay execution of judgments directing the delivery of documents and personal property pursuant to G.S. 1-290 does not apply to public records.”

Faught v. Faught, 274 S.E.2d 883 (N.C. Ct. App. 1981). · cites it 4× “” With respect to those parts of the order dated 27 December *641 1979 requiring the parties to transfer either personal or real property, the propriety of which we do not consider on the present appeal, G.”

Babb v. Graham, 660 S.E.2d 626 (N.C. Ct. App. 2008). “1-289, G.S. 1-290, G.S. 1-291, G.S. 1-292, G.S. 1-293, G.”

130 of Chatham, LLC v. Rutherford Elec. Membership Corp., 2014 NCBC 35 (N.C. Bus. Ct. 2014). · cites it 22× “{10} Defendant contends that this Court should issue an order under N.C.G.S § 1-290 and Rule 62(d) of the North Carolina Rules of Civil Procedure staying the directives in the Order requiring Defendant to deliver its Membership List and Sample Ballot to Plaintiff’s counsel on or…”

Red Valve, Inc. v. Titan Valve, LLC, 2019 NCBC 76 (N.C. Bus. Ct. 2019). · cites it 10× “N.C.G.S. § 1-290 23. N.C.G.S. § 1-290 provides that: If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment is not stayed by appeal, unless the things required to be assigned or delivered are brought into…”

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