F. E. Winslow v. . Henry Weith, Sheriff
Supreme Court of North Carolina
This was a civil action tried at the Fall Term 1869, of Per-quimans Superior Court, before TIis Honor, Judge Pool, in complaint and demurrer.
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This was a civil action tried at the Fall Term 1869, of Per-quimans Superior Court, before TIis Honor, Judge Pool, in complaint and demurrer. The complaint set forth in substance, that the defendant, under color of certain tax-lists, had exacted of the plaintiff’ illegally, taxes to the amount of $152, and that he had under said tax-lists, seized and sold property of the plaintiff for the price of $152. The plaintiff in his complaint, waived the tort, and sued in complaint for the price. His Honor sustained the demurrer, and the plaintiff appealed.
1Opinion of the CourtHodMaN, J.
This action, as it stands since the cofnplaiDfc was atnend'ed, is to recover $152, being an alleged illegal excess of taxes, which the plaintiff paid to the defendant as Sheriff, under protest. It is founded.; on an implied contract, and being far less than two hundred dollars, the Superior Court clearly had no jurisdiction, and the demurrer is sustained on that ground.
Judgment against the plaintiff for costs.
Feb CuRiAM.
Demurrer sustained.
The following note is added by order of the Court:
The counsel by whom the above case was argued, treated it as necessarily requiring an expression of the…
2Cited by13 opinions
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- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Womble v. . LeachSupreme Court of North Carolina · 1880
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