Perry v. . Tupper
Supreme Court of North Carolina
This was a civil action commenced in tlie Court of a Justice of the Peace, for the recovery of certain real estate situate in Raleigh, and carried by appeal to the Superior Court of Waee county, where it was tried, and brought by appeal to this Court, and decided at January Term, 1874, and remanded to be proceeded with according to the decision.
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This was a civil action commenced in tlie Court of a Justice of the Peace, for the recovery of certain real estate situate in Raleigh, and carried by appeal to the Superior Court of Waee county, where it was tried, and brought by appeal to this Court, and decided at January Term, 1874, and remanded to be proceeded with according to the decision. It was again tried before his Honor, Judge Watts, at Spring Term, 1874. At January Term, 1874, this Court gave judgment ordering the Superior Court to issue a writ of restitution. This his Honor, on the second trial in the Superior Court did,…
1Opinion of the CourtEeade, J.
This action was originally commenced before a Justice of the Peace against the defendant as an alleged trespasser upon the land in controversy to recover the possession of the same. The Justice made such order in the cause that the defendant was put out, and the plaintiff was let into the possession, and the defendant appealed to the Superior Court.
The Superior Court quashed the proceedings before the Justice upou the ground that the Justice had no jurisdiction. And thereupon the defendant moved to be restored to the possession. This motion was refused by his Honor; and from his refusal, and…
2Cases cited1 opinion
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
3Cited by10 opinions
- State ex rel. Reynolds v. WhiteSupreme Court of Florida · 1898
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Wright v. HarrisSupreme Court of North Carolina · 1912
- Murrill v. . MurrillSupreme Court of North Carolina · 1884
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