Malloy v. City of Fayetteville
Supreme Court of North Carolina
Civil action for damages to personal property, tried before Coble, J., and a jury at April Term, 1897, of Cumberland Superior Court, on appeal from a judgment by a Justice of the Peace. There was a verdict for the plaintiffs, and defendant appealed from the judgment thereon. In this Court, for the first time, defendant excepted to the jurisdiction of the Justice of the Peace of an action for damages to personal property.
1Opinion of the Court
Clark, J.:
The Constitution, Article IV, Section 12, empowers the General Assembly to “ allot and distribute that portion of the judicial power and jurisdiction, which does not pertain to the Supreme Court, among the other courts prescribed in this Constitution, or which may be established by law, in such manner as it may deem best,” (and also to regulate appeals and procedure), ‘1 so far as the same may be done without conflict with other provisions of this Constitution.” Section 27 of the same Article gives Justices of the Peace jurisdiction “of civil actions founded on contract, wherein the…
2Cases cited18 opinions
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Young v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Black v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1894
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3Cited by5 opinions
- Seawell v. . R. R.Supreme Court of North Carolina · 1890
- Bethea v. . R. R.Supreme Court of North Carolina · 1890
- Young v. . R. R.Supreme Court of North Carolina · 1895
- Bell v. . HowertonSupreme Court of North Carolina · 1892
- Culbreth v. . SmithSupreme Court of North Carolina · 1899