McGehee v. . Breedlove
Supreme Court of North Carolina
Civil ACTION of claim and delivery tried before Adams, J., and a jury at November Term, 1897, of G-rau-ville Superior Court. The facts appear in the opinion. On the trial the plaintiff’s attorney admitted that the action was to enforce the payment of the sum of $200 due plaintiff for rent, less $35 paid before the commencement of the action. Thereupon, defendants moved to dismiss the action on the ground that the Superior Court did not have original jurisdiction of the same.
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Civil ACTION of claim and delivery tried before Adams, J., and a jury at November Term, 1897, of G-rau-ville Superior Court. The facts appear in the opinion. On the trial the plaintiff’s attorney admitted that the action was to enforce the payment of the sum of $200 due plaintiff for rent, less $35 paid before the commencement of the action. Thereupon, defendants moved to dismiss the action on the ground that the Superior Court did not have original jurisdiction of the same. The motion was allowed and plaintiff appealed.
1Opinion of the Court
Fdrches, J.:
The plaintiff rented his farm in Gran-ville county to the defendant Breedlove for the year 1895, for which, he says in his complaint, said defendant was to pay him one-fourth of the crops raised thereon; that one-fourth of said crop in his opinion was worth four hundred dollars; that one of the crops raised thereon was tobacco, and that the defendant Breedlove, without paying the rent as he contracted to do, sold said tobacco to the defendants, Hunt & Williams, amounting to seven hundred dollars. The plaintiff claims that, under the landlord and tenant Act (Section 1754 of The…
2Cases cited1 opinion
- Hargrove v. . HarrisSupreme Court of North Carolina · 1895
3Cited by1 opinion
- W. C. Kiser & Co. v. BlantonSupreme Court of North Carolina · 1898