London v. . Headen
Supreme Court of North Carolina
Penalty for refusing to aeeept offiee — Constitutionality of Statute — Justice’s Court — Praetiee therein. ' Civil ActioN, commenced in a Justice’s Court in the County of Chatham and heard at Chambers on the 15th of June, 1876', before Kerr, J. This action was brought before a Justice of the Peace, to> recover the penalty of $25 given by Bat.
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Penalty for refusing to aeeept offiee — Constitutionality of Statute — Justice’s Court — Praetiee therein. ' Civil ActioN, commenced in a Justice’s Court in the County of Chatham and heard at Chambers on the 15th of June, 1876', before Kerr, J. This action was brought before a Justice of the Peace, to> recover the penalty of $25 given by Bat. Rev. Ch. Ill, § 25, against every person duly elected or appointed Town Constable, &e., who after being duly notified, shall neglect or-refuse to qualify and pei’form the duties of his office or appointment. The Justice gave judgment.against the…
1Opinion of the CourtRodMAN, J.
(After stating the facts as above.) The Constitution Art. IV. § 33, says, that the party against whom judgment shall be rendered by any Justice of the Peace, may appeal to the Superior Court, from the same. .“But if the judgment shall be for $25 or less, then the case shall be heard in the appellate Court, only upon matters of law.”
The effect of this clause of the Constitution, has not so far as I remember, been commented on by this Court. What I shall say about it, is not intended to apply to any cases except such as are similar in pleadings and proceedings to the present.
In this case, the…
2Cited by7 opinions
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- State ex rel. Toepke v. ClaytonSupreme Court of Kansas · 1882
- United States ex rel. Watts v. Justices of Lauderdale CountyUnited States Circuit Court · 1882
- People Ex Rel. Attorney General v. HeatonSupreme Court of North Carolina · 1877
- State v. . HeatonSupreme Court of North Carolina · 1877
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