City of Wilmington v. Schutt

A justice of the peace has no equity jurisdiction, and when the remedy sought in a suit on contract is, in whole or in part, equitable in nature the action must be instituted and maintained in the Superior Court, irrespective of the amount in controversy. McIntosh, P. & P., sec. 62, p. 60; Kiser v. Blanton, 123 N. C., 400; Sewing Machine Co. v. Burger, 181 N. C., 241, 107 S. E., 14; Grocery Co. v. Banks, 185 N. C., 149, 116 S. E., 173.

When the amount sought to be recovered in such an action is less than $200, “it is not now required that the debt should be first reduced to judgment, as a…