P. N. Dulin v. Walker Howard.
Supreme Court of North Carolina
This was au appeal from a Justice’s Court, beard-before IIU ■ Honor Judge Cannon, at Fall Term, 1871, of Davie Superior .■ Court. The plaintiff had commencedjproceedings, by virtue of a pur- - chase at execution sale, of certain realty, sold as the-p.ropei1;v.„-of the defendant under see. 31. chap. 159, Acts of 1868-’6@, ¡before a Justice’s Court, and obtained judgment and was put into possession. These proceedings were completed before the case of Credit ■ir.
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This was au appeal from a Justice’s Court, beard-before IIU ■ Honor Judge Cannon, at Fall Term, 1871, of Davie Superior .■ Court. The plaintiff had commencedjproceedings, by virtue of a pur- - chase at execution sale, of certain realty, sold as the-p.ropei1;v.„-of the defendant under see. 31. chap. 159, Acts of 1868-’6@, ¡before a Justice’s Court, and obtained judgment and was put into possession. These proceedings were completed before the case of Credit ■ir. Gibbs, 65 N. C. R. 192, was decided. The defendant appealed from the judgment of the Justice to the Superior Court. In that Court the…
1Opinion of the CourtRodMAN, J.
The defendant contends that the proceedings |>efore the Justice, being upon a matter beyond his jurisdiction, are nullities, and |are as absolutely void as if they had mot been had.
"We agree that the defendant may treat them so, but it does not follow that the plaintiff wbo initiated and has taken the benefit of them can. He cannot take advantage of his own wrong. If the rule were absolute as contended for, no appeal could be had from the Justice’s judgment,and the Superior Court should have dismissed the defendant’s appeal at his costs. The defendant has been deprived of the possession of…
2Cases cited1 opinion
- Credle v. . GibbsSupreme Court of North Carolina · 1871
3Cited by7 opinions
- Manix v. . HowardSupreme Court of North Carolina · 1880
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Lane v. . MortonSupreme Court of North Carolina · 1879
- White Blakeslee Manufacturing Co. v. RhodesSupreme Court of North Carolina · 1910
- Bankers' Commercial Security Co. v. District Court of Box Elder CountyUtah Supreme Court · 1922
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