Smith v. Campbell
Supreme Court of North Carolina
"i I From Halifax. J This was a suit originally commenced by warrant on a note for twenty-five dollars, and the only question presented on the appeal of the defendant, was on the constitutionality of acts of the General Assembly which give to a single individual the right to decide “a controversy at law.” The case was argued at considerable length by R. Potter on behalf of the appellant, who took the following grounds.
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"i I From Halifax. J This was a suit originally commenced by warrant on a note for twenty-five dollars, and the only question presented on the appeal of the defendant, was on the constitutionality of acts of the General Assembly which give to a single individual the right to decide “a controversy at law.” The case was argued at considerable length by R. Potter on behalf of the appellant, who took the following grounds. The acts of assembly which give to a single individual authority to decide controversies of this kind, contravene the 14th article of the bill of rights, which declares “that…
1Opinion of the Court
Henderson, Judge.
The warrant commands the defendant to appear at the suit of the plaintiff before a single justice of the peace, (a court without a jury,)'to answer him for the non payment of a debt of twenty-five dollars. The case, therefore, depends on the question, is this a controversy respecting property according to the meaning of those words as used in the 14th section of the declaration of rights? That section declares, that in all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain…
2Cited by11 opinions
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- In re Will of DeytonSupreme Court of North Carolina · 1919
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
- Duckworth v. Mull.Supreme Court of North Carolina · 1906
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