Lower Creek Drainage Commissioners v. Sparks
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J., at the December Term, 1919, of Bueke. This is an action commenced before a justice of the peace, and beard in the Superior Court on appeal, to enforce an assessment against the lands of the defendants, levied by the commissioners of Lower Creek Drainage District under ch. 96, Public Laws 1909, which, after providing for the assessment, says, in sec. 4: “The assessment so levied shall constitute a lien upon the lands so assessed only,…
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Appeal by plaintiff from Harding, J., at the December Term, 1919, of Bueke. This is an action commenced before a justice of the peace, and beard in the Superior Court on appeal, to enforce an assessment against the lands of the defendants, levied by the commissioners of Lower Creek Drainage District under ch. 96, Public Laws 1909, which, after providing for the assessment, says, in sec. 4: “The assessment so levied shall constitute a lien upon the lands so assessed only, which shall be the lands designated by said freeholders in their report as injured or rendered less productive as…
1Opinion of the CourtAllen, J.
The jurisdiction of the Superior Court on appeal from a justice of the peace is derivative, not original, and if the justice has no jurisdiction of the action the Superior Court has none.
This has been decided many times in our Court.
In Boyette v. Vaughan, 85 N. C., 365, the Court said, in a unanimous opinion: “It is the jurisdiction of the justice of the peace wbicb, on appeal, gives jurisdiction to the Superior Court, and of course if the justice bad no jurisdiction, the Superior Court could bave none”; and again, in Ijames v. McClamroch, 92 N. C., 365: “Tbe jurisdiction of the Superior…
2Cases cited11 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Weathers v. BordersSupreme Court of North Carolina · 1899
- McLaurin v. McIntyreSupreme Court of North Carolina · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall v. . ArtisSupreme Court of North Carolina · 1923
- Wilkinson v. . BoomerSupreme Court of North Carolina · 1940
- Hilgreen v. . Cleaners Tailors Inc.Supreme Court of North Carolina · 1945
- Hilgreen v. Sherman's Cleaners & Tailors, Inc.Supreme Court of North Carolina · 1945
- Arrow v. . ChandgieSupreme Court of North Carolina · 1931
2 more not listed; retrieve them via the Exa API.