Noville v. . Dew
Supreme Court of North Carolina
Civil action, tried before Graves, Judge, and a jury, on appeal from the judgment of a justice of the peace, at Spring Term, 1885, of Edgecombe Superior Court. The plaintiff complains that the defendant unlawfully and wrongfully withholds from him a mule of the value of fifty dollars. The defendant denies the allegations of the complaint.
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Civil action, tried before Graves, Judge, and a jury, on appeal from the judgment of a justice of the peace, at Spring Term, 1885, of Edgecombe Superior Court. The plaintiff complains that the defendant unlawfully and wrongfully withholds from him a mule of the value of fifty dollars. The defendant denies the allegations of the complaint. Two issues were submitted to the jury: 1st. Is the plaintiff the owner of the mule described in the complaint ? To which they responded — Yes. 2nd. What is the value of the mule? To which they responded — Seventy-five ($75) dollars. Upon hearing the…
1Opinion of the CourtAshe, J.
(after stating the facts). We find no error in the judgment of the Superior Court. There is a marked distinction in the jurisdiction of justices of the peace in actions ex contractu and ex delicto. In both cases, their jurisdiction is limited and defined by the Constitution. By Art. 4, §27, jurisdiction is given to them of all civil actions founded on contract, wherein the sum demanded shall not exceed two hundred dollars, “ and 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…
2Cases cited5 opinions
- Perry v. TupperSupreme Court of North Carolina · 1874
- Allen v. . JacksonSupreme Court of North Carolina · 1882
- Dalton v. . WebsterSupreme Court of North Carolina · 1880
- Manix v. . HowardSupreme Court of North Carolina · 1880
- State v. . BenthallSupreme Court of North Carolina · 1880
3Cited by13 opinions
- Henderson County v. . SmythSupreme Court of North Carolina · 1939
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Brantley v. . FinchSupreme Court of North Carolina · 1887
- Watson v. Farmer.Supreme Court of North Carolina · 1906
- McPhail Bros. v. JohnsonSupreme Court of North Carolina · 1894
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