Board of Commissioners v. Addington
Supreme Court of North Carolina
Civil action, determined by Cannon, J., at Chambers, in Macon county, July 10th, 1872. The plaintiffs sued the defendants, who were mail contractors, on an account for tolls due Jackson county, in a .Justice’s Court of Macon county. The account was for $82.30. The Justice gave a judgment in favor of defendants and against the plaintiffs for $6.60 costs, and the plaintiffs .appealed.
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Civil action, determined by Cannon, J., at Chambers, in Macon county, July 10th, 1872. The plaintiffs sued the defendants, who were mail contractors, on an account for tolls due Jackson county, in a .Justice’s Court of Macon county. The account was for $82.30. The Justice gave a judgment in favor of defendants and against the plaintiffs for $6.60 costs, and the plaintiffs .appealed. The transcript of the Justice’s record being sent to his Honor, he adjudged that the judgment being for a less sum than twenty-five dollars, the case was properly before him at Chambers. And a motion by the…
1Opinion of the CourtBoyden, J.
His Honor was mistaken in supposing that this was a case for his decision at Chambers. The case should have been placed on the trial, or issue docket, to be tried de novo, as has been repeatedly decided in this Court.
It is when the sum recovered against the defendant is less than $25.00, or when the plaintiff’s demand does not exceed that sum, that his Honor is to decide the case at Chambers; but when .the plaintiff’s claim is for more than twenty-five • dollars, as in this case it is for more than eighty dollars, and he recovered nothing, or less than twenty-five dollars, but a judgment is…
Also in this document: Per curiam.
2Cases cited1 opinion
- Cowles v. . HayesSupreme Court of North Carolina · 1872