State v. Shuffler.
Supreme Court of North Carolina
This was a warrant before a Justice of the Peace of BurKE County for entering on land after being forbidden and was carried by appeal to Fall Term, 1895, of Burke Superior Court.
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This was a warrant before a Justice of the Peace of BurKE County for entering on land after being forbidden and was carried by appeal to Fall Term, 1895, of Burke Superior Court. At Fall Term, 1896, the Solicitor entered a nol pros., and Norwood, J., rendered judgment against the county of Burke for costs incurred in the superior court, but not for costs in the justice’s court, to which judgment against the county of Burke for costs in the superior court the State and County Commissioners- of Burke County excepted and appealed.
1Opinion of the Court
Furohes, J.:
This is a prosecution commenced before a justice of the peace, in a matter where the justice had final jurisdiction (for entering on land after being forbidden) and carried to the superior court by appeal. In the superior court the solicitor for the State entered a nol pros., and the judge entered judgment against the county for the costs that had accrued in the superior court after the appeal, but not for what had accrued before the justice of the peace. To this judgment the commissioners excepted and appealed.
It was contended in support of the judgment of the court, that…
2Cases cited2 opinions
- State v. . MasseySupreme Court of North Carolina · 1889
- Merrimon v. Commissioners of Henderson CountySupreme Court of North Carolina · 1890
3Cited by4 opinions
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- Garner v. . WorthSupreme Court of North Carolina · 1898
- State v. . MorganSupreme Court of North Carolina · 1897
- Guilford v. Board of CommissionersSupreme Court of North Carolina · 1897