Faison v. . Johnson
Supreme Court of North Carolina
Appeal from an Order made at Eall Term, 1877, of SampsoN Superior Court, by Moore, J. The action in which the order was made, was commenced before a Justice of the Peace to recover $100, and upon the •suggestion of the defendant that the title to real estate was involved, therein, the Justice dismissed the case, and the plaintiff appealed to the Superior Court.
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Appeal from an Order made at Eall Term, 1877, of SampsoN Superior Court, by Moore, J. The action in which the order was made, was commenced before a Justice of the Peace to recover $100, and upon the •suggestion of the defendant that the title to real estate was involved, therein, the Justice dismissed the case, and the plaintiff appealed to the Superior Court. When the case was called for trial the defendant stated that his answer filed in writing before the Justice, had been lost, and the plaintiff denied that such answer had been filed. Whereupon His Honor ordered that the case be remanded…
1Opinion of the CourtFaircloth, J.
The Justice of the Peace adjudged that he had not jurisdiction of the action, from which the plaintiffs appealed to the Superior Court. In that Court the defendant alleged that his written answer filed in the lower Court had been lost or destroyed, and thereupon His Honor remanded the case to the Justice with permission to perfect the pleadings. This was error. His Honor had the power, and it was his duty, under the liberal provisions of the ■Code, to perfect the pleadings and proceed with the trial. The case of Adams v. Reeves, 76 N. C. 412, has no application. The present is a case of…
2Cases cited1 opinion
- Adams v. . ReevesSupreme Court of North Carolina · 1877
3Cited by1 opinion
- Moore v. . GarnerSupreme Court of North Carolina · 1891