Hinton v. . Deans
Supreme Court of North Carolina
‘'Civil ActioN, originally commencing in the Court of a •Justice of the Peace, was thence carried by appeal to the Superior Court of Hertford County, where it was tried before, his Honor, Judge Moore, at Spring-Term, 1876. On the trial in the Court below, before the jury was em-pannelled, the defendant ashed leave to add the plea of the Statute of Limitations to the defence set up in the Justice’s Court, which being refused, the defendant excepted.
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‘'Civil ActioN, originally commencing in the Court of a •Justice of the Peace, was thence carried by appeal to the Superior Court of Hertford County, where it was tried before, his Honor, Judge Moore, at Spring-Term, 1876. On the trial in the Court below, before the jury was em-pannelled, the defendant ashed leave to add the plea of the Statute of Limitations to the defence set up in the Justice’s Court, which being refused, the defendant excepted. It appeared in evidence, that the plaintiff had sold cotton, to the defendant in January, 1870, to the amount of $S3.95; that the defendant was a…
1Opinion of the CourtEodmaN, J.
In this Court the following exceptions were •taken to the judgment below :
I. That inasmuch as the Justice’s judgment was for less than $25, it could not.be tried de novo in the Superior Court. Jtet. Rev., chap. 63, sec. 59, taken from C. C. P., sec. 539. It is very clear that the provision’ requiring appeals -from judgments for $25 or less to be tried only on matters of law appearing on the papers, does not apply to a case where a plaintiff brings suit for more than $25, and recovers that sum or less, or has judgment against him and appeals. It applies only to cases in which the demand…
2Cases cited1 opinion
- State on Rel. Martin v. . Sloan .Supreme Court of North Carolina · 1873
3Cited by9 opinions
- Henry v. . CannonSupreme Court of North Carolina · 1882
- Johnson v. . RowlandSupreme Court of North Carolina · 1879
- Long v. . LoganSupreme Court of North Carolina · 1882
- Wiggins v. . McCoySupreme Court of North Carolina · 1882
- Beville v. . CoxSupreme Court of North Carolina · 1891
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