Myers v. . Hamilton
Supreme Court of North Carolina
Motion to set aside an order of the Clerk of the Superior Court of Wayne County, granted in a civil action for claim and •delivery of personal property, heard before Watts, J., at Chambers, in Wilson County. The plaintiff sued out process against the defendant, for claim and delivery of certain specified articles, from the Superior Court of Wayne.
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Motion to set aside an order of the Clerk of the Superior Court of Wayne County, granted in a civil action for claim and •delivery of personal property, heard before Watts, J., at Chambers, in Wilson County. The plaintiff sued out process against the defendant, for claim and delivery of certain specified articles, from the Superior Court of Wayne. The property was taken into possession by the Sheriff of Wayne County, and by him delivered to the plaintiff on the ,29th of December, 1870. On the 26th of May, 1871, after notice of the application to the plaintiff, his Honor, Judge Watts, ordered…
1Opinion of the CourtPearson, C. J.
It is enough to notice one of several fatal «objections, to the proceeding had before his Honor, Judge Watts. He had no jurisdiction to set aside an order made in the County of Wayne. Wood v. Morris, at this Term.
The reasoning in support of this conclusion, assumes that Judge Watts had jurisdiction in the two counties, for which he had made an exchange with Judge Clarke, during the two-weeks of the Cornt of each County.
This is a question about which we are not at liberty to express an opinion; and it is referred to, merely to “ exclude a conclusion.” The Constitution, art. 4, sec. 14,…
2Cited by4 opinions
- Newton v. StateSupreme Court of Florida · 1884
- State v. . SmithSupreme Court of North Carolina · 1876
- Morris v. . WhiteheadSupreme Court of North Carolina · 1871
- State v. . WatsonSupreme Court of North Carolina · 1876