Foster v. . Penry
Supreme Court of North Carolina
MotioN to dismiss an Action for want of Jurisdiction heard at Spring Term, 1877, of Davie Superior Court, before Kerr, J. On the 9th of January, 1875, the plaintiff made oath before a Justice of the Peace, in substance, that the defendant occupied a certain piece of land as tenant of the plaintiff from the 1st of January, 1874, to the 1st of January, 1875. when his term expired ; that the estate of the plaintiff was still subsisting and that defendant refused to surrender…
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MotioN to dismiss an Action for want of Jurisdiction heard at Spring Term, 1877, of Davie Superior Court, before Kerr, J. On the 9th of January, 1875, the plaintiff made oath before a Justice of the Peace, in substance, that the defendant occupied a certain piece of land as tenant of the plaintiff from the 1st of January, 1874, to the 1st of January, 1875. when his term expired ; that the estate of the plaintiff was still subsisting and that defendant refused to surrender the possession, and the plaintiff claimed $1 60 as rent. Upon this a warrant issued which was executed. The defendant…
1Opinion of the CourtRodman, J.
(After stating the facts as above.) The -question thus presented is this: A plaintiff by oath-brings his case within the jurisdiction of a Justice under the Landlord and Tenant Act, (Bat. Rev. ch.- 64 § 19,) and the defendant by answer denies the tenancy and alleges a title in himself. Shall the Justice proceed to inquire whether the • defendant did enter as tenant of the plaintiff and whether his term has expired, or shall he upon the answer merely, dismiss the proceedings. ' .
We are not aware that this precise question has been heretofore decided, although expressions bearing on it more or…
2Cases cited2 opinions
- Forsythe v. . BullockSupreme Court of North Carolina · 1876
- Heyer v. . BeattySupreme Court of North Carolina · 1877
3Cited by10 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Hahn v. . GuilfordSupreme Court of North Carolina · 1882
- Paine v. . CuretonSupreme Court of North Carolina · 1894
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