Hamilton v. . Jervis
Supreme Court of North Carolina
This was an action commenced by a warrant before a single magistrate, in which the defendant was required “to answer the complaint of John Hamilton, in a plea of debt, the sum of one hundred bushels of corn.” The obligation declared on was as follows : “ On or before, &c., I promise to pay John Hamilton, the sum of one hundred bushels of good sound corn, at the place where,” &c.
Read the full summary
This was an action commenced by a warrant before a single magistrate, in which the defendant was required “to answer the complaint of John Hamilton, in a plea of debt, the sum of one hundred bushels of corn.” The obligation declared on was as follows : “ On or before, &c., I promise to pay John Hamilton, the sum of one hundred bushels of good sound corn, at the place where,” &c. “ May Jervis. [ u. s. ]” On the trial before Pearson, Judge, at Yancy, on the last Circuit, the only questions were — First, Whether a single justice had jurisdiction of the cause? and if he had, then, Secondly,…
1Opinion of the Court
Daniel, Judge.
This case comes before us, by way of appeal from the judgment in the Superior Court of Yancy, upon a case there agreed. Two questions were raised. First, Did the justice of the peace have jurisdiction of the case? By the acts of assembly passed in 1794, (Rev. c. 414,) and 1803, (Rev. c. 627,) the justices of the peace have jurisdiction of demands “ for specific articles,” to the value of thirty pounds. The magistrate ascertains the market value at the time the specific articles should have been delivered, and that sum, with interest from that time, should be the judgment. We…
2Cited by1 opinion
- Davis v. . WattersSuperior Court of North Carolina · 1802