Legal Opinion

Moore v. . Garner

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 1 opinion

This was an ACTION begun before a Justice of the Peace, and tried on appeal before Boykin, J., at January Term, 1891, of Graisíville Superior Court. The facts are stated in the opinion.

1Opinion of the Court

MerrimoN, C. J.:

This action began in the Court of a Justice of the Peace, and the pleadings there were oral. The plaintiff appealed to the Superior Court from a judgment adverse to him. In the latter Court, “ it did not appear what, pleas were put in before the Justice of the Peace, and counsel could not agree as to the matter,” and the Court, hence, allowed “ all pleas to which either party might have been entitled.” The plaintiff assigned this as error.

The plaintiff had the right to appeal, and the Superior Court upon the appeal had complete jurisdiction. of the action for all the purposes…

2Cases cited10 opinions

  1. Tuttle v. . HarrillSupreme Court of North Carolina · 1881
  2. Sanderson v. . DailySupreme Court of North Carolina · 1880
  3. Temple v. . WilliamsSupreme Court of North Carolina · 1884
  4. Hinton v. . DeansSupreme Court of North Carolina · 1876
  5. Johnson v. . RowlandSupreme Court of North Carolina · 1879

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3Cited by1 opinion

  1. Moore v. HornerIndiana Supreme Court · 1896

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