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NC General Statutes

N.C. Gen. Stat. § 1-298 (2026)

Procedure after determination of appeal

✓ current as of July 2026
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In civil cases, at the first session of the superior or district court after a certificate of the determination of an appeal is received, if the judgment is affirmed the court below shall direct the execution thereof to proceed, and if the judgment is modified, shall direct its modification and performance. If a new trial is ordered the cause stands in its regular order on the docket for trial at such first session after the receipt of the certificate from the Appellate Division. (1887, c. 192, s. 2; Rev., s. 1526; C.S., s. 659; 1969, c. 44, s. 11; 1971, c. 268, s. 13.)

 

§§ 1-299 through 1-301:  Repealed by Session Laws 1971, c. 268, s. 34.

 

Article 27A.

Appeals and Transfers From the Clerk.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1966–2025 · leading case: Swan Beach Corolla, L. L.C. v. Cnty. of Currituck, 805 S.E.2d 743 (N.C. Ct. App. 2017).
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Swan Beach Corolla, L. L.C. v. Cnty. of Currituck, 805 S.E.2d 743 (N.C. Ct. App. 2017). · cites it 22× “" Before the trial court, Defendants argued that N.C. Gen. Stat. § 1-298 (2015)-which states that "at the first session of the superior or district court after a certificate of the determination of an appeal is received, .”
Hieb v. Lowery, 516 S.E.2d 621 (N.C. Ct. App. 1999). · cites it 11× “Plaintiffs and Monnett filed timely notice of appeal from Judge Winner's order I and order II respectively. Preliminarily, we address plaintiffs' assertion that Judge Winner's order I "holding that [the trial court] had jurisdiction [to enter an order] pursuant to N.”
Severance v. Ford Motor Co., 411 S.E.2d 618 (N.C. Ct. App. 1992). · cites it 3× “” N.C.G.S. § 1-298 (1983). There is no statutory authority to do otherwise.”
D & W, INC. v. City of Charlotte, 152 S.E.2d 199 (N.C. 1966). · cites it 2× “1-221, G.S. 1-298, nor G.S. 7-12 authorized him to delay the enforcement of an order of this Court.”
Hieb v. Lowery, 516 S.E.2d 621 (N.C. Ct. App. 1999). · cites it 11× “Preliminarily, we address plaintiffs’ assertion that Judge Winner’s order I “holding that [the trial court] had jurisdiction [to enter an order] pursuant to N.C. Gen Stat. § 1-298 [was] in error.” We conclude plaintiffs are mistaken.”
Bowers v. City of Thomasville, 547 S.E.2d 68 (N.C. Ct. App. 2001). · cites it 2× “N.C. Gen. Stat. § 1-298 (1999) explains the procedure after determination of an appeal.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “Rubin identified six legal theories under which the trial court should require Apex to remove the sewer line: (1) execution authority under N.C.G.S. § 1-298; (2) contempt authority under N.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “Rubin identified six legal theories under which the trial court should require Apex to remove the sewer line: (1) execution authority under N.C.G.S. § 1-298; (2) contempt authority under N.”
Schaefer v. Town of Hillsborough, 712 S.E.2d 727 (N.C. Ct. App. 2011). · cites it 3× “” N.C.G.S. § 1-298 (1983). There is no statutory authority to do otherwise.”
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