State v. . Ivie
Supreme Court of North Carolina
CRIMINAL action for bastardy, tried before Norwood,. The prisoner was arrested on a warrant ekaiging bastardy, issued by a justice of the peace in Wentworth township. Prisoner applied for removal of the case upon affidavit in due form. Although there were at the time-other justices of the peace in Wentworth township, the justice transferred the case to a justice resident in Leaks-ville township, adjoining Wentwoith.
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CRIMINAL action for bastardy, tried before Norwood,. The prisoner was arrested on a warrant ekaiging bastardy, issued by a justice of the peace in Wentworth township. Prisoner applied for removal of the case upon affidavit in due form. Although there were at the time-other justices of the peace in Wentworth township, the justice transferred the case to a justice resident in Leaks-ville township, adjoining Wentwoith. When the ease-was called for trial before the justice to whom it had been thus removed, the State moved to dismiss for the want of jurisdiction in such justice. This motion was…
1Opinion of the Court
Avery, J.:
Before the passage of thé Act of 1880, (The ■ Code, Sec. 907) the justice before whom a warrant charging ■a defendant with bastardy was returned had jurisdiction to try, and could not have been compelled to remove the case for tidal to another justice. That statute provided that “in all proceedings and trials before justices of the peace,” upon affidavit of either party to the effect that he cannot obtain justice in the court in which it is pending, the action must be removed to the court of u some other justice residing in the same township,” or to the court of a justice of some…
2Cases cited6 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- Allen v. . JacksonSupreme Court of North Carolina · 1882
- State v. . WynneSupreme Court of North Carolina · 1895
- State v. . JohnsonSupreme Court of North Carolina · 1870
- State v. . CherrySupreme Court of North Carolina · 1875
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