§ 1-297. Judgment on appeal and on undertakings; restitution. - North Carolina Statutes

§1‑297.  Judgment on appeal and on undertakings; restitution.

Upon an appeal from a judgmentor order, the appellate court may reverse, affirm or modify the judgment ororder appealed from, in the respect mentioned in the notice of appeal, and asto any or all of the parties, and may, if necessary or proper, order a newtrial. When the judgment is reversed or modified, the appellate court may makecomplete restitution of all property and rights lost by the erroneous judgment.Undertakings for the prosecution of appeals and on writs of certiorari shallmake a part of the record sent up to the appellate division on which judgmentmay be entered against the appellant or person prosecuting the writ ofcertiorari and his sureties, in all cases where judgment is rendered againstthe appellant or person prosecuting the writ. (1785, c. 233, s. 2, P.R.;1810, c. 793, P.R.; 1831, c. 46, s. 2; R.C., c. 4, s. 10; C.C.P., s. 314; Code,s. 563; Rev., s. 605; C.S., s. 658; 1969, c. 44, s. 10.)