Rhyne v. . Lipscombe
Supreme Court of North Carolina
Civil action" tried before a Justice of the Peace, from whose judgment there was an appeal to the ¡Superior Court of BUNCOMBE county. The Criminal Circuit Court of Buncombe, Madison, Haywood and Henderson counties assumed jurisdiction, and the case was tried before Eiuaxt, J., and a jury at June Term, 1897, of said Circuit Court for Buncombe county.
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Civil action" tried before a Justice of the Peace, from whose judgment there was an appeal to the ¡Superior Court of BUNCOMBE county. The Criminal Circuit Court of Buncombe, Madison, Haywood and Henderson counties assumed jurisdiction, and the case was tried before Eiuaxt, J., and a jury at June Term, 1897, of said Circuit Court for Buncombe county. There was a verdict for the plaintiff, which the defendant moved to set aside upon the ground that the court had no jurisdiction. The motion was denied, and the defendant appealed from the judgment rendered on the verdict.
1Opinion of the Court
The Constitution, Article IV, section 2, establishes the Supreme Court, Superior Courts, and justices of the peace, and authorizes the Legislature to create other courts inferior to the Supreme Court. Section 12 of the same article provides that the General Assembly shall have no power to deprive the judicial department of any power or jurisdiction which rightfully pertains to it, but that it "shall allot and distribute that portion of this power and jurisdiction, which does not pertain to the Supreme Court, among the other courts prescribed in this Constitution, or which may be established…
2Cases cited4 opinions
- American Publishing Co. v. FisherSupreme Court of the United States · 1897
- State v. . HerndonSupreme Court of North Carolina · 1890
- Thompson v. . FloydSupreme Court of North Carolina · 1855
- King v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
3Cited by67 opinions
- State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
- State v. Lytle.Supreme Court of North Carolina · 1905
- Durham Provision Co. v. DavesSupreme Court of North Carolina · 1925
- Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
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