Brantley v. . Finch
Supreme Court of North Carolina
Civil action, tried on appeal from a justice of the peace, before Shepherd, Judge, at Fall Term, 1886, of Nash Superior ■Court. This action was begun before a justice of the peace, to recover $200, which the plaintiff alleges that the defendant’s intestate, in his life-time, owed him for services rendered.
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Civil action, tried on appeal from a justice of the peace, before Shepherd, Judge, at Fall Term, 1886, of Nash Superior ■Court. This action was begun before a justice of the peace, to recover $200, which the plaintiff alleges that the defendant’s intestate, in his life-time, owed him for services rendered. On the trial before the magistrate, the plaintiff exhibited a statement of account, as follows: “ Griffin Bird to M. BraNtley, Dr. “January 15, 1876. For services as his agent, &c., till the fall of 1884, (without intermission).$225 00 “ Interest from 1st December, 1884. 13 50 $238 50 “…
1Opinion of the Court
Me-rrijioN, J,,
(after stating the facts). We are of opinion that the justice of the peace had jurisdiction. It is the sum demanded in an action on contract that determines the question in that respect. Froelich v. Express Co., (57 N. C., 1; Wiseman v. Withrow, 90 N. C., 140; Noville v. Dew, 94 N. C., 43. The plaintiff did not demand by the summons, nor insist on the trial, that the intestate of the defendant, in his life-time, owed him a greater sum than two hundred dollars, and the justice of the peace had jurisdiction of that sum.
The “ account ” stated and exhibited on the trial, was a mere…
2Cases cited3 opinions
- Noville v. . DewSupreme Court of North Carolina · 1886
- Wiseman v. . WitherowSupreme Court of North Carolina · 1884
- McKinnon v. . McDonaldSupreme Court of North Carolina · 1858
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