Jerome v. . Setzer
Supreme Court of North Carolina
SummaRY PROCEEDINGS in ejectment under the Landlord and Tenant Act, beard on appeal from a justice’s court before Shaw, J., and a jury at January Term, 1918, of Forsyth. At the close of plaintiff’s evidence, on motion, the action was dismissed, his Honor being of opinion that on plaintiff’s own showing the title to real estate was involved and the justice’s court was without jurisdiction to hear and decide the cause. Plaintiff having duly excepted, appealed.
1ConcurrenceClabK, C. J.
1. That even if an equity had developed in the justice’s court it would not have ousted the jurisdiction. The Constitution, Art. 4, sec. 1, is as follows: “Abolishes distinction between actions at law and suits in equity feigned issues.- The distinctions between actions at law and suits in equity and the forms of all such actions and suits shall be abolished.”
Same article, sec. 27, prescribes: “Jurisdiction of justices of the peace. The several justices of the peace shall have jurisdiction, under such regulations as the General Assembly shall prescribe, of civil actions founded on contract,…
2Cases cited8 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- In Re AndersonSupreme Court of North Carolina · 1903
- McLaurin v. McIntyreSupreme Court of North Carolina · 1914
- McMillan v. . ReevesSupreme Court of North Carolina · 1889
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