King Bros. Shoe Store Co. v. Wiseman
Supreme Court of North Carolina
Civil actioN, tried before Garter, J., and a jury, at August Special Term, 1917, of Avery. Plaintiff sued for $182.80, balance due on note, tbe excess of tbe debt having been remitted. After tbe evidence was closed, tbe court ordered a nonsuit, and tbe action was dismissed, because tbe claim of tbe plaintiff, as tbe court ruled, was barred by tbe statute of limitations.
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Civil actioN, tried before Garter, J., and a jury, at August Special Term, 1917, of Avery. Plaintiff sued for $182.80, balance due on note, tbe excess of tbe debt having been remitted. After tbe evidence was closed, tbe court ordered a nonsuit, and tbe action was dismissed, because tbe claim of tbe plaintiff, as tbe court ruled, was barred by tbe statute of limitations. Tbe defendant, waiving tbe question whether a nonsuit can be granted upon tbe ground stated by tbe court, proved that the defendant bad, on 4 February, 1913, sent tbe following letter to plaintiff: “File your claim’ against…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe justice’s court bad jurisdiction as tbe plaintiff duly remitted tbe excess over tbe amount demanded in tbe summons treated as a complaint (Revisal, sec. 1445), which was $182.50. We have often held that the jurisdiction is determined by the amount demanded in good faith, even if plaintiff could have sued for more than $200. Revisal, sec. 1419; Teal v. Templeton, 149 N. C., 32, citing McPhail v. Johnson, 115 N. C., 302; Cromer v. Marsha, 122 N. C., 563; Brantley v. Finch, 97 N. C., 91. It is there said that “had it been doubtful as to the sum demanded,…
2Cases cited13 opinions
- Helsabeck v. . DoubSupreme Court of North Carolina · 1914
- Greenleaf v. Norfolk Southern RailroadSupreme Court of North Carolina · 1884
- Faison v. . Bowden, Ex'r.Supreme Court of North Carolina · 1875
- Taylor v. . MillerSupreme Court of North Carolina · 1893
- Brantley v. . FinchSupreme Court of North Carolina · 1887
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