Edwards v. . Cowper
Supreme Court of North Carolina
Jurisdiction of Justices of the Peace — Pleading—Statute— Constitution — Waiver of Tort. This was a civil action, tried upon an appeal from a Justice’s Court, before Avery, J., at Spring Term, 1887, of Hertford Superior Court. The plaintiff offered testimony tending to show that the defendant, without authority, had cut, removed and sold a number of trees from lands claimed by him.
Read the full summary
Jurisdiction of Justices of the Peace — Pleading—Statute— Constitution — Waiver of Tort. This was a civil action, tried upon an appeal from a Justice’s Court, before Avery, J., at Spring Term, 1887, of Hertford Superior Court. The plaintiff offered testimony tending to show that the defendant, without authority, had cut, removed and sold a number of trees from lands claimed by him. The defendant offered testimony tending to show that the trees were not on lands belonging to plaintiff, and denied orally his title to the locus. It appeared that the lands of plaintiff and defendant adjoined, and…
1Opinion of the CourtSmith, C. J.
Justices of the Peace shall have exclusive jurisdiction of all civil actions founded on* contract except: 1, wherein the sum demanded, exclusive of interest, exceeds two hundred dollars; and 2, wherein the title to real estate is in controversy.
The General Assembly may give to Justices of the Peace jurisdiction of other civil actions wherein the value of the property in controversy does not exceed fifty dollars. Cons., Art. IV, § 27.
This power has been exercised, and it has been enacted that such Justices shall have concurrent jurisdiction with the Superior Court, “ of civil actions not…
2Cases cited1 opinion
- Parker v. . AllenSupreme Court of North Carolina · 1881
3Cited by5 opinions
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Scottish Carolina Timber & Land Co. v. BrooksSupreme Court of North Carolina · 1891
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
- White v. . EleySupreme Court of North Carolina · 1907
- Malloy v. . FayettevilleSupreme Court of North Carolina · 1898