Hughes v. . Mason
Supreme Court of North Carolina
Summaiiy PROCEEDING in ejectment commenced before a justice of the peace under the landlord and tenant act, and heard on appeal at Fall Term, 1880, of Craven Superior Court, before Graves, J. The defendant moved to dismiss the action for want of jurisdiction in the justice of the peace, and the judge found the following facts: The plaintiffs showed a written agreement between the parties, which agreement was substantially “that plaintiffs had agreed to sell to defendant a…
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Summaiiy PROCEEDING in ejectment commenced before a justice of the peace under the landlord and tenant act, and heard on appeal at Fall Term, 1880, of Craven Superior Court, before Graves, J. The defendant moved to dismiss the action for want of jurisdiction in the justice of the peace, and the judge found the following facts: The plaintiffs showed a written agreement between the parties, which agreement was substantially “that plaintiffs had agreed to sell to defendant a lot, in the city of Newbern, for which the defendant agreed to pay §1,500, in five annual instalments, with interest, and…
1Opinion of the CourtDillard, J.
Upon the facts found' by His Plonor, and contained in articles of agreement referred to, and made an exhibit in the judge’s statement of the case of appeal, we concur in the opinion of the court below, tha't the action was not cognizable by a justice of the peace under the landlord and tenant act, and in our opinion, there was no error in dismissing the same.
The landlord and tenant act in Battle’s Revisal, ch. 64, § 19, by its terms, and the construction put upon it by the court/gives the remedy of summary ejectment before a justice of the peace, only in the case when the simple relation of…
2Cases cited8 opinions
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- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Forsythe v. . BullockSupreme Court of North Carolina · 1876
- Heyer v. . BeattySupreme Court of North Carolina · 1877
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3Cited by8 opinions
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- Perry v. . PerrySupreme Court of North Carolina · 1925
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