§ 25-1918.Appeal; bond; approval; by whom made.
Article 19: Appeals and Proceedings in Error · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1918
Source
G.S.1873, c. 57, § 4, p. 717; R.S.1913, § 8191; C.S.1922, § 9143; C.S.1929, § 20-1918; R.S.1943, § 25-1918.
Plain-English Summary
Section 25-1918 adds a checkpoint before a supersedeas bond takes legal effect. Before any bond executed as described in the preceding sections can operate as a supersedeas, its execution, and the sufficiency of the sureties backing it, must be approved by the clerk of the court in which the judgment or decree was rendered, or the final order was made.
That approval step gives the clerk a gatekeeping role over whether a bond accomplishes what the appellant wants — pausing enforcement of the judgment. A bond that has not been approved does not yet operate as a supersedeas, regardless of whether it was properly executed on its face.
Frequently Asked Questions
Who approves a supersedeas bond before it takes effect?
The clerk of the court in which the judgment, decree, or final order being appealed was rendered or made.
What exactly does the clerk approve?
Both the execution of the bond and the sufficiency of the sureties backing it.
Does a bond operate as a supersedeas as soon as it is signed?
No. It has to be approved by the clerk before it operates as a supersedeas, regardless of proper execution.
Does this approval requirement apply to the cash or government-bond deposit options too?
This section addresses bonds specifically; the deposit alternatives under section 25-1916 are approved through the process that section describes.
What court’s clerk handles this approval?
The clerk of the court that rendered the judgment or decree, or made the final order, being appealed.