McPhail Bros. v. Johnson
Supreme Court of North Carolina
This was a civil ACTION, begun in a Court of á Justice of the Peace, and tried on appeal of defendant before Shuford, J, and a jury, at November Term, 1893, of CUMBERLAND Superior Court. After the case was called and the jury impaneled, the defendant moved to dismiss the action on the ground that the summons failed to state the amount of money demanded by the plaintiffs, so as to show the jurisdiction of the Court, as required by section 832 of The Code.
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This was a civil ACTION, begun in a Court of á Justice of the Peace, and tried on appeal of defendant before Shuford, J, and a jury, at November Term, 1893, of CUMBERLAND Superior Court. After the case was called and the jury impaneled, the defendant moved to dismiss the action on the ground that the summons failed to state the amount of money demanded by the plaintiffs, so as to show the jurisdiction of the Court, as required by section 832 of The Code. The summons simply requiring th'e defendant to answer the plaintiff “in a civil action for the sum of $_, due for timber sawed by contract…
1Opinion of the Court
Claek, J.:
The amendment permitting the blank in the summons to be filled was not to confer, but to show jurisdiction. Cox v. Grisham, 113 N. C., 279; Manufacturing Co. v. Barrett, 95 N. C., 36; Leathers v. Morris, 101 N. C., 184 ; Allen v. Jackson, 86 N. C., 321. It was properly allowed. The Code, § 908; Henderson v. Graham, 84 N. C., 496; State v. Norman, 110 N. C., 484. In fact, the remittitur before the Justice of the excess over $200 sufficiently showed jurisdiction. Norville v. Dew, 94 N. C., 43; Dalton v. Webster, 82 N. C., 279; The Code, §835. Had the summons as issued stated the…
2Cases cited8 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Allen v. . JacksonSupreme Court of North Carolina · 1882
- Dalton v. . WebsterSupreme Court of North Carolina · 1880
- Noville v. . DewSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CarterSupreme Court of North Carolina · 1951
- Elliott v. . TysonSupreme Court of North Carolina · 1895
- State v. CoxCourt of Appeals of North Carolina · 1969
- Whitaker v. . DunnSupreme Court of North Carolina · 1898
- Sellars Hosiery Mills v. Southern Railway Co.Supreme Court of North Carolina · 1917
1 more not listed; retrieve them via the Exa API.