Hedgecock v. . Davis
Supreme Court of North Carolina
Civil action, tried before Cloud, J., at Spring Term 1870 of Forsythe Court. The complaint was founded upon a note, executed by the •defendants, for two hundred dollars, dated May 17,1859, the interest upon which, after deducting certain payments, •amounted to some thirty-nine dollars. The defendants demurred, for want of jutisdiction. Judgment for the defendants, and Appeal by the plaintiff.
1Opinion of the Court
Pearsoít, C. J.
The Constitution confers on Justices of the Peace exclusive original jurisdiction “of all civil actions founded on contracts wherein the sum demanded shall not exceed two hundred dollars”: Art. IV, sec. 33. The question is, If the principal sum due on a note does not exceed two-hundred dollars, but the value of the note exceeds that amount by reason of accumulated interest, has a Justice of the Peace jurisdiction? That depends upon the meaning of the words, “the sum demanded.”
On one side it is said that “the sum demanded” is the value of the note, and the interest makes a part…
2Cited by12 opinions
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