State on Rel. of Fell Bro. v. . Porter .
Supreme Court of North Carolina
This was an action on his official bond against the defendant, Porter, as constable, and his sureties to recover the sum of $66.19, which he had collected and failed to pay over to the plaintiffs. The penalty of the bond was five hundred dollars, and the plaintiffs demanded judgment against the defendants for the sum of five hundred dollars, and for costs of suit.
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This was an action on his official bond against the defendant, Porter, as constable, and his sureties to recover the sum of $66.19, which he had collected and failed to pay over to the plaintiffs. The penalty of the bond was five hundred dollars, and the plaintiffs demanded judgment against the defendants for the sum of five hundred dollars, and for costs of suit. The defendants demurred to the complaint upon the ground that the plaintiffs claimed that the sum of $66.19 had been collected and not paid over, and that therefore their demand was for less than two hundred dollars, and the suit…
1Opinion of the CourtPearson, C. J.
The jurisdiction of the Superior Courts and of Justices of the Peace is fixed by the Constitution, Art. 4, secs. 15, 33. It follows that the General Assembly has no power to make any change in reference thereto, and the Act, ch. 169, sec. 13, Acts of 1869-70, relied on by the defendants’ counsel, can only be allowed the effect of being a legislative expression of opinion concerning the construction of these two sections of the Constitution.
The question depends upon the meaning of the words, " a civil action founded on contract, wherein the sum demanded shall not exceed two hundred dollars.”…
2Cited by9 opinions
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
- State Ex Rel. Bryan v. RousseauSupreme Court of North Carolina · 1874
- State ex rel. Ryan v. EmmerlingMissouri Court of Appeals · 1882
- State v. LuckeyMississippi Supreme Court · 1875
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