Allen v. . Jackson
Supreme Court of North Carolina
Civil Action heard on appeal from a justice’s judgment, at Fall Term, 1880, of Anson Superior Court, before Avery^ J. The defendant moved to dismiss the action on the ground that it was brought, as appears from the summons,, before a justice of the peace “for the recovery of a bale of cotton weighing 500 pounds as rent for a farm,” and that the justice had no jurisdiction.
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Civil Action heard on appeal from a justice’s judgment, at Fall Term, 1880, of Anson Superior Court, before Avery^ J. The defendant moved to dismiss the action on the ground that it was brought, as appears from the summons,, before a justice of the peace “for the recovery of a bale of cotton weighing 500 pounds as rent for a farm,” and that the justice had no jurisdiction. The plaintiff thereupon moved to amend the summons so as to show that the action was brought (on contract) “ for the recovery of fifty-five dollars the value of a bale of cotton, as rent for a farm.” The judge held that no…
1Opinion of the CourtSmith, C. J.
The summons issued by the justice commands the defendant to appear at a time and place designated “ to answer Vernon Allen and Thomas J. Caudle, executors of William Allen, deceased, in an action for the recovery of a bale of cotton, weighing five hundred pounds, as rent for a farm,” without specifying its value or the amount of damages sustained by reason of its non-delivery.
Previous to the adoption of the constitution of 1868 a civil warrant issued to enforce a money demand was required to state the sum claimed and how due, and this was held in Duffy v. Averitt, 5 Ired., 455, to be a…
2Cases cited1 opinion
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