Holden v. . Warren
Supreme Court of North Carolina
Civil aotioN, tried on appeal from' a justice’s court before Starbuck, His Honor reserved nis decision in the motion to dismiss and submitted an issue to the jury as follows : “ In what sum, if any, is defendant indebted to plaintiff 1 ” Ans., “ $29 and interest up to date.” His Honor then granted the plaintiff’s motion to dismiss and plaintiff appealed.
1Opinion of the Court
Clark, J.:
A justice of the peace has no jurisdiction to administer equity affirmatively, (Doroughty v Sprinkle, 88 N. C., 300,) though necessarily in actions of which that officer has jurisdiction an equitable matter can be set up by way of defense. Bell v. Howerton, 111 N. C., 69; McAdoo v. Callum, 86 N. C., 419. That part of the prayer of the complaint which asks that the defendant correct the settlement, being for an equitable relief, is therefore not within the jurisdiction of the justice. But the jurisdiction is governed by the matters alleged and proven, and the plaintiff is entitled to…
2Cases cited9 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- McAdoo v. Callum Bros.Supreme Court of North Carolina · 1882
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Bell v. HowertonSupreme Court of North Carolina · 1892
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3Cited by17 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Donovan v. McDevittMontana Supreme Court · 1907
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Jordan v. MasseyCourt of Appeals of Texas · 1911
- New Bern Banking & Trust Co. v. DuffySupreme Court of North Carolina · 1911
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