Teal v. . Templeton
Supreme Court of North Carolina
Actiost tried before Jones, J., and a jury, March Term, 1908, of ANSON. Action begun before a Justice of the Peace. The sum demanded in the warrant is “$200 due by breach of contract for rent of farm and sale of timber.”
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Actiost tried before Jones, J., and a jury, March Term, 1908, of ANSON. Action begun before a Justice of the Peace. The sum demanded in the warrant is “$200 due by breach of contract for rent of farm and sale of timber.” There was no written complaint, but on the Justice’s docket the cause of action was stated, “Plaintiff complains that in October, 1905, he rented his farm to defendant for the year 1906 for $250, and sold him a lot of timber to cut on certain land, the defendant to cut all trees that would measure 8 inches at the stump at 22 1-2 cents per tree, and that the defendant had…
1Opinion of the Court
Clare, -O. J.
The objection to -jurisdiction was properly overruled. There being' no" written complaint, the “surd demanded” in the summons is the test. Both causes of action were for breach of contract and the total sum demanded was $200. The Justice therefore had jurisdiction. Cromer v. Marsha, 122 N. C., 563; McPhail v. Johnson, 115 N. C., 302; Rev., 1419, 1445.
Had it been doubtful as to the sum demanded, the remitter made it clear, even if it had been retroactive. McPhail v. Johnson, 115 N. C., 302, and cases there cited; Brantley v. Finch, 97 N. C., 91. But it is clear the plaintiff was…
2Cases cited2 opinions
- Brantley v. . FinchSupreme Court of North Carolina · 1887
- Cromer Bros. v. MarshaSupreme Court of North Carolina · 1898
3Cited by8 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1924
- Gooding v. . MooreSupreme Court of North Carolina · 1909
- Lee v. . PenlandSupreme Court of North Carolina · 1931
- King Bros. Shoe Store Co. v. WisemanSupreme Court of North Carolina · 1917
- Billings v. WilbySupreme Court of North Carolina · 1918
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