Duckworth v. Mull.
Supreme Court of North Carolina
ActioN by Frank Duckworth against F. K. Mull, beard on appeal from a justice of tbe peace by Judge O. H. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buree.
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ActioN by Frank Duckworth against F. K. Mull, beard on appeal from a justice of tbe peace by Judge O. H. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buree. Tbe plaintiff made demand in tbe sum of fifty dollars ($50) for damage done to bis property and premises by defendant in depositing tbe carcass of a dead horse near tbe lands of tbe plaintiff, whereby tbe comfort and enjoyment of bis borne were impaired and a nuisance committed to bis premises by tire filth and stencb arising and flowing therefrom. There Was evidence on the part of the plaintiff tending to show that…
1DissentWalker, J.
This is the first case, I believe, where a justice of the peace has been held to have jurisdiction of an action for the recovery of damages for a tort which did not consist in a direct injury to property. My own opinion is, and always has been, that it was never intended by the Constitution, Art. IV, sec. 27, to confer jurisdiction in actions not ex contractu, except for the recovery of specific property or, at most, for the recovery of damages to property not exceeding the value of fifty dollars. Jurisdiction of the justice could only be vested by express provision of the Constitution, or by…
2Cases cited5 opinions
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