Heyser v. . Gunter
Supreme Court of North Carolina
Civil action, tried on appeal from justice of the peace’s court, before Robinson, J., at Fall Term, 1895, of Graham Superior Court. The facts are stated in the opinion of Associate Justice Montgomery. From a judgment for the defendant on his counter-claim the plaintiff appealed.
1Opinion of the Court
CLARK and MONTGOMERY, JJ., concur in the result, but dissent so far as there is any recognition of jurisdiction of the justice to adjudicate that defendant was indebted to the plaintiff in the sum of $325 and that plaintiff was indebted to defendant $525. If we are able to understand the record (965) in this case, the following are the facts: The defendant agreed to cut logs from certain lands and put them into the Tennessee River for the plaintiff, and the latter agreed to pay for the logs so delivered $4.25 per thousand feet; that it was agreed that plaintiff might retain one-third of the…
2Cited by2 opinions
- General Electric Co. v. WilliamsSupreme Court of North Carolina · 1898
- Williams v. GibsonSupreme Court of North Carolina · 1950