Street v. . Bryan
Supreme Court of North Carolina
Appeal from a judgment of a Justice oí the Peace, heard at Chambers before Jones, J., on tho 13th October, 1870. The plaintiff proved on the trial that he and other hands employed by him had rendered service to the plaintiff, as laborers, from the 21st January, 1869, to August 20th, 1870,, and that defendant owed plaintiff for balance due him for such services, twenty-five dollars. Whereupon the Justice gave judgment for this amount against defendant and for costs.
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Appeal from a judgment of a Justice oí the Peace, heard at Chambers before Jones, J., on tho 13th October, 1870. The plaintiff proved on the trial that he and other hands employed by him had rendered service to the plaintiff, as laborers, from the 21st January, 1869, to August 20th, 1870,, and that defendant owed plaintiff for balance due him for such services, twenty-five dollars. Whereupon the Justice gave judgment for this amount against defendant and for costs. The defendant appealed from the judgment thus rendered to his Honor Judge Jones, and assigned as exceptions to the-rulings of the…
1Opinion of the CourtBoydbn, J.
The defendant appealed from the decision of •the Justice, and sets forth six reasons or grounds for his said •appeal; no one of which is sufficient to reverse the decision of the Justice.
The 2, 4 and 6 are decisions of the Justice upon questions of ¡fact, from which there is no appeal.
The 1st ground is as follows:
The Justice excluded evidence to show that Isaac Street, the •plaintiff, did serious damage to the premises by wilful care-, lessness.
The Justice properly rejected this evidence, as such evidence •of unliquidated damages could not be admitted as evidence of ••a counter claim, or as a…
2Cases cited1 opinion
- State v. . WorthingtonSupreme Court of North Carolina · 1870
3Cited by5 opinions
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- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Stout v. Valle Crucis, Shawneehaw & Elk Park Turnpike Co.Supreme Court of North Carolina · 1911
- State v. . PurdieSupreme Court of North Carolina · 1872