Berry v. . Henderson
Supreme Court of North Carolina
Civil ACTION, tried on appeal from a Justice of the Peace, before Armfield, J., and a jury, át Spring Term,' 1889, of Burkic Superior Court. This was an action upon a note, executed by defendant for the pui’chase money of a cooking stove, purchased by the defendant.
Read the full summary
Civil ACTION, tried on appeal from a Justice of the Peace, before Armfield, J., and a jury, át Spring Term,' 1889, of Burkic Superior Court. This was an action upon a note, executed by defendant for the pui’chase money of a cooking stove, purchased by the defendant. It was admitted that the note sued upon was executed by the defendant during her coverture for the purchase of a cooking stove; that the husband of the defendant had died since the execution of the note, and that said cooking stove had been in use during his life and since his death in cooking for the family. The Court said that…
1Opinion of the CourtShepherd, J.
The defendant moved to dismiss this action for want of jurisdiction, and it is very clear that the motion must be allowed.
It has been repeatedly decided by this Court that a Justice of the Peace has no jurisdiction to enforce the engagements of a married woman, unless she is a free trader. In Dougherty v. Sprinkle, 88 N. C., 301, Rueein, J., speaking for the Court, says, “ that no such jurisdiction ban be exercised by the court of a Justice of the Peace, seeing that, according to all authorities, his is but a common law Court, and that his jurisdiction does not embrace causes of a peculiarly…
2Cases cited6 opinions
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
- McAdoo v. Callum Bros.Supreme Court of North Carolina · 1882
- Murphy v. . McNeillSupreme Court of North Carolina · 1880
- Smaw v. . CohenSupreme Court of North Carolina · 1886
- Fisher v. . WebbSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Lipinsky v. . RevellSupreme Court of North Carolina · 1914
- Carolina Timber Co. v. WellsSupreme Court of North Carolina · 1916
- Wilson v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Fidelity Co. v. Jordan.Supreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.