Howell v. . Branson
Supreme Court of North Carolina
Appeal by defendant from Olive, Special Judge, at January Term, 1946, of Randolph. Reversed. This was a summary proceeding in ej'ectment begun before a j’ustice of the peace, based upon affidavit that defendant had “entered into possession” of a described house and lot, and “refuses to vacate the house.” Summons was issued 1 September, 1945, and judgment for plaintiff rendered 8 September. Defendant appealed to the Superior Court.
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Appeal by defendant from Olive, Special Judge, at January Term, 1946, of Randolph. Reversed. This was a summary proceeding in ej'ectment begun before a j’ustice of the peace, based upon affidavit that defendant had “entered into possession” of a described house and lot, and “refuses to vacate the house.” Summons was issued 1 September, 1945, and judgment for plaintiff rendered 8 September. Defendant appealed to the Superior Court. On the hearing in the Superior Court plaintiff testified that he rented the property to Mrs. J. B. Branson for $15 per month, that he gave her notice in March,…
1Opinion of the CourtDeyiN, J.
It is apparent from an inspection of tbe record that tbe court was without jurisdiction. Tbe proceeding summarily to remove defendant from described premises originated in tbe court of a justice of tbe peace and was based upon an oatb in writing to tbe effect only tbat defendant “entered into possession” of a bouse and lot, and “refuses to vacate said bouse.” In tbe absence of an allegation tbat tbe relationship of landlord and tenant existed between tbe parties and tbat tbe defendant was bolding over, tbe justice of tbe peace was without jurisdiction. Art. IV, sec. 27, Cons. N. C.; Credle v.…
2Cases cited9 opinions
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Query v. Gate City Life InsuranceSupreme Court of North Carolina · 1940
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
- Simons v. . LebrunSupreme Court of North Carolina · 1941
- McDonald v. . IngramSupreme Court of North Carolina · 1899
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3Cited by8 opinions
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- Rogers v. . HallSupreme Court of North Carolina · 1947
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