McDonald v. Cannon, Wadsworth & Co.
Supreme Court of North Carolina
Civil Action tried upon complaint and demurrer at Spring Term, 1878, of Cabarrus Superior Court, before Cox, J. The plaintiffs allege a contract of sale to defendants of two bales of cotton, at ten and a half cents for one, and ten and sixty-five-one-hundredths cents for the other, on the terms that the price was to be paid down and no title to pass until payment made, and the cotton was passed into the defendants’ possession on the condition aforesaid.
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Civil Action tried upon complaint and demurrer at Spring Term, 1878, of Cabarrus Superior Court, before Cox, J. The plaintiffs allege a contract of sale to defendants of two bales of cotton, at ten and a half cents for one, and ten and sixty-five-one-hundredths cents for the other, on the terms that the price was to be paid down and no title to pass until payment made, and the cotton was passed into the defendants’ possession on the condition aforesaid. That immediately on the transfer of the cotton into the hands of the defendants, the plaintiffs demanded payment of the purchase money, and…
1Opinion of the CourtDillard, J.
The jurisdiction of the action was in the superior court unless by the constitution and laws of the state exclusive jurisdiction had been given to a justice of the peace. By the constitution of 1868, jurisdiction was given to justices of the peace of all civil actions founded on contract wherein the sum demanded did not exceed two hundred dollars, and wherein the title to real estate did not come in controversy, and by the amended constitution the jurisdiction in civil actions is retained, just as it was, with power in the general assembly to extend it to other civil actions, wherein the…
2Cases cited3 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
3Cited by4 opinions
- Scottish Carolina Timber & Land Co. v. BrooksSupreme Court of North Carolina · 1891
- Powell v. . AllenSupreme Court of North Carolina · 1889
- White v. . EleySupreme Court of North Carolina · 1907
- State v. . PowersSupreme Court of North Carolina · 1824