Lane v. . Morton
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1879, of Pamlico Superior Court, before Avery, J. This action was brought before a justice of the peace under the landlord and tenant act, to recover possession of land and judgment rendered for plaintiff.
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Civil Action tried at Spring Term, 1879, of Pamlico Superior Court, before Avery, J. This action was brought before a justice of the peace under the landlord and tenant act, to recover possession of land and judgment rendered for plaintiff. The case was taken to the superior court by writ of reeordari, and at spring term, 1877, before Moore, J., the defendant suggested that as the title to the land was in controversy, the justice of the peace had no jurisdiction, which question of jurisdiction had been raised before the justice verbally, the defendant having no counsel present and the justice…
1Opinion of the CourtSmith, C. J.
When the case was before us at January term, 1878, (78 N. C., 7,) it was decided that the defendant might with consent of the court, file his answer in the superior court, which he had offered to do, and was not allowed to do while it was pending before the justice.
In accordance with this decision the answer was put in in the superior court, and thereupon the plaintiff proposed to submit to a non-suit. This was resisted by the defendant, who moved for a writ of restitution of the lands of which he had been dispossessed by a writ of possession before granted the plaintiff, and that a jury…
2Cases cited2 opinions
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3Cited by7 opinions
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- Feight v. MathersNebraska Supreme Court · 1951
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- Dawson v. Papio Natural Resources DistrictNebraska Supreme Court · 1981
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