North Carolina § 1-269 - Certiorari, recordari, and supersedeas.

§ 1-269. Certiorari, recordari, and supersedeas.

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. History (1874-5, c. 109; Code, s. 545; Rev., s. 584; C.S., s. 630.) Cross References. - As to bond or undertaking to stay execution on money judgment, see G.S. 1-289 et seq. As to stay of proceedings to enforce a judgment, see G.S. 1A-1 , Rule 62. As to cash deposit in lieu of bond, see G.S. 58-75-1 . For the North Carolina Rules of Appellate Procedure, see the Annotated Rules of North Carolina. As to recordari, supersedeas and certiorari in the superior courts, see Gen. Rules Prac., Rule 19, in the Annotated Rules of North Carolina. Legal Periodicals. - For comment on the present and future use of the writ of recordari in North Carolina, see 2 Wake Forest Intra. L. Rev. 77 (1966). As to form for writ of recordari, see 2 Wake Forest Intra. L. Rev. 88 (1966). For article, "A Powerless Judiciary? The North Carolina Courts' Perceptions of Review of Administrative Action," see 12 N.C. Cent. L.J. 21 (1980).