Heyer v. . Beatty
Supreme Court of North Carolina
Sufficiency of Answer — Proceeding under Landlord and Tenant Aet. MotioN to dismiss the action, beard before Henry, J. at a special term of the Superior Court of New PIaNoveR county, December, 1875. This was a proceeding under the act of 1868-’69,' ch-156, commonly known as The “Landlord and Tenant Act” before a Justice of the Peace.
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Sufficiency of Answer — Proceeding under Landlord and Tenant Aet. MotioN to dismiss the action, beard before Henry, J. at a special term of the Superior Court of New PIaNoveR county, December, 1875. This was a proceeding under the act of 1868-’69,' ch-156, commonly known as The “Landlord and Tenant Act” before a Justice of the Peace. The plaintiff made oath that the defendant entered into the premises of a certain lot in Wilmington as the tenant of the plaintiff, that the term of the defendant had expired, that plaintiff had demanded possession of the premises, which defendant, had refused…
1Opinion of the CourtRodmaN, J.
(After stating the facts as above.)
If the Justice had no jurisdiction, the action was properly dismissed, becausé the appellate Court should have given such judgment as the Court below should have given.
The ground on which it is argued that the Justice had no jurisdiction, is, that the title to the land was put in controversy by the pleadings.
By Art. IY. § 33, of the Constitution, a Justice at the date of these proceedings had jurisdiction only of actions, “wherein the title to real estate shall not be in controversy.”
To the same effect is sec. 14, of ch. 63, Bat. Rev. Section 16, of said…
2Cases cited5 opinions
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Forsythe v. . BullockSupreme Court of North Carolina · 1876
- Flack. Adm'r v. . Dawson .Supreme Court of North Carolina · 1873
- Calloway v. . HambySupreme Court of North Carolina · 1871
3Cited by11 opinions
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
- Timber Co. v. . YarbroughSupreme Court of North Carolina · 1920
- Foster v. . PenrySupreme Court of North Carolina · 1877
- Buckhorn Land & Timber Co. v. YarbroughSupreme Court of North Carolina · 1920
- Hughes v. . MasonSupreme Court of North Carolina · 1881
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