Coggins v. . Harrell
Supreme Court of North Carolina
Civil Action commenced before a justice of the peace and tried at Fall Term, 1880, of Northampton Superior Court, before Graves, J. No pleadings having been sent up by the justice before whom the action was tried, it was agreed by consent of counsel that all irregularities in the justice’s return should be waived, and that the pleadings might be filed in the superior court.
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Civil Action commenced before a justice of the peace and tried at Fall Term, 1880, of Northampton Superior Court, before Graves, J. No pleadings having been sent up by the justice before whom the action was tried, it was agreed by consent of counsel that all irregularities in the justice’s return should be waived, and that the pleadings might be filed in the superior court. By virtue of this agreement a complaint was filed in which it was alleged : That in the year 185-8, one L. "W7 Boykin was elected constable in Northampton county, and on the 7 th day of March, 1859, executed a bond to- the…
1Opinion of the CourtAshe, J.
The only question presented by the record is whether the justice of the peace had jurisdiction.
The action was brought before the justice for the sum of one hundred and forty dollars alleged to have been collected by L W. Boykin, a constable, and not paid over. It was not against the constable, who was dead, but against the personal representatives of Henry W. Ivey, who was one of the sureties on his official bond. The action then must have been instituted on the constable’s bond of four thousand dollars, or under section 13, chapter 80, of Battle’s Revisal, which provided that when any…
2Cases cited4 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- State on Rel. of Fell Bro. v. . Porter .Supreme Court of North Carolina · 1873
- State Ex Rel. Bryan v. RousseauSupreme Court of North Carolina · 1874
- Morris v. . SaundersSupreme Court of North Carolina · 1881
3Cited by2 opinions
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
- Brock v. . ScottSupreme Court of North Carolina · 1912