Stacey Cheese Co. v. Pipkin
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at the January Term, 1910, of WaYNE. Civil action heard on appeal from a justice’s court, before his Honor, 0. H. Allen, J., and a jury, at January Term, 1910, Superior Court of Wayne County. The action was instituted by plaintiff to recover $199 due by contract. Defendant denied the indebtedness and set up a counterclaim for breach of contract of warranty on other sales of cheese.
Read the full summary
Appeal from 0. H. Allen, J., at the January Term, 1910, of WaYNE. Civil action heard on appeal from a justice’s court, before his Honor, 0. H. Allen, J., and a jury, at January Term, 1910, Superior Court of Wayne County. The action was instituted by plaintiff to recover $199 due by contract. Defendant denied the indebtedness and set up a counterclaim for breach of contract of warranty on other sales of cheese. On the hearing before the justice there was judgment in defendant’s favor for an excess of $38.36. Plaintiff having appealed, on 'trial in 1 Superior Court four issues were submitted,…
1Opinion of the Court
There is apparent conflict of authority with us on the question presented, and at least two or more decisions of this Court would seem to be in direct support of his Honor's ruling. Raisin v. Thomas, 88 N.C. 148; Meneeley v. Craven, 86 N.C. 364. The cause having originated in the court of a justice of the peace, questions of jurisdiction must be considered and determined in reference to that fact, and numerous and repeated cases with us are to the effect "That the jurisdiction of the Superior Court on appeals from a justice of the peace is entirely derivative, and if the justice had no…
2Cases cited15 opinions
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Addison v. SalyerSupreme Court of Virginia · 1946
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Cordell v. JarrettWest Virginia Supreme Court · 1982
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
18 more not listed; retrieve them via the Exa API.