Jones v. . Palmer
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Craven Superior Court, before Gudger, J. This action was begun before a justice of the peace in the county of Craven, The plantiff complained that the defendant Palmer was indebted to him in the sum of fifty dollars, and that he held a mortgage on one bay horse and a wagon then in the possession of the defendant, executed by the defendant to one Eli H. T. Perry as collateral security for the payment of said debt) that said debt was…
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Civil Action tried at Spring Term, 1880, of Craven Superior Court, before Gudger, J. This action was begun before a justice of the peace in the county of Craven, The plantiff complained that the defendant Palmer was indebted to him in the sum of fifty dollars, and that he held a mortgage on one bay horse and a wagon then in the possession of the defendant, executed by the defendant to one Eli H. T. Perry as collateral security for the payment of said debt) that said debt was due and unpaid and that defendant unlawfully holds from his possession the said horse and wagon, worth about fifty…
1Opinion of the CourtAshe, J.
This is a suit brought for two causes of action, or in other words an action containing two distinct counts, the one to recover a debt of fifty dollars and the other to recover specific property. It does not follow that because the magistrate had no jurisdiction of one count, he therefore had none of the other. So far as relates to the second count or cause of action, if it is to be regarded as a proceeding to foreclose the mortgage, we concur with His Honor that the magistrate had no jurisdiction. If it was intended to be an action of claim and delivery, it was defective and could not be…
2Cited by2 opinions
- Baer v. . McCallSupreme Court of North Carolina · 1937
- Honeycut v. . AngelSupreme Court of North Carolina · 1838