Charlotte Planing Mills v. McNinch
Supreme Court of North Carolina
Jurisdiction — Amendment—Consent Order. Civil actioN, tried before MacRae, J., at September Term, 1887, of the Superior Court of Mecelenburg. The action was brought to recover a balance of $9Í.66, alleged to be due to the plaintiff for certain building materials furnished to the feme defendant, to be placed upon, and for the improvement of, her separate real estate.
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Jurisdiction — Amendment—Consent Order. Civil actioN, tried before MacRae, J., at September Term, 1887, of the Superior Court of Mecelenburg. The action was brought to recover a balance of $9Í.66, alleged to be due to the plaintiff for certain building materials furnished to the feme defendant, to be placed upon, and for the improvement of, her separate real estate. The complaint, as to the first cause of action therein alleged, demands judgment for the debt, and the enforcement of a mechanic’s lien in respect to the materials supplied; as to the second cause of action, it demands judgment…
1Opinion of the Court
Merrimon, J.,
(after stating the case) The Court had not jurisdiction of the subject-matter of the first cause of action, as alleged in the complaint, because it simply alleged a debt due the plaintiff, and a lien in connection therewith, of which a Justice of the Peace had jurisdiction.
The second cause of action alleged the same debt, 'and that it was chargeable upon the separate estate of the/erne defendant, and as to it, judgment was demanded, that the payment of the debt be enforced by a proper judgment, directing a sale of the real estate, if need be. The Court had jurisdiction of the…
2Cases cited5 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Smaw v. . CohenSupreme Court of North Carolina · 1886
- Webster v. . LawsSupreme Court of North Carolina · 1883
3Cited by5 opinions
- Elliott v. . TysonSupreme Court of North Carolina · 1895
- Smythe v. HenryU.S. Circuit Court for the District of Western North Carolina · 1890
- Berry v. . HendersonSupreme Court of North Carolina · 1889
- Smith v. Newberry.Supreme Court of North Carolina · 1906
- Wilson v. . BatchelorSupreme Court of North Carolina · 1921