Jerome v. . Setzer
Supreme Court of North Carolina
SummaRY PROCEEDINGS in ejectment under the Landlord and Tenant Act, beard on appeal from a justice’s court before Shaw, J., and a jury at January Term, 1918, of Forsyth. At the close of plaintiff’s evidence, on motion, the action was dismissed, his Honor being of opinion that on plaintiff’s own showing the title to real estate was involved and the justice’s court was without jurisdiction to hear and decide the cause. Plaintiff having duly excepted, appealed.
1ConcurrenceClark, C. J.
At the close of plaintiff's evidence, on motion, the action was dismissed, his Honor being of opinion that on plaintiff's own showing the title to real estate was involved and the justice's court was without jurisdiction to hear and decide the cause.
Plaintiff having duly excepted, appealed. It is settled by repeated adjudications in this State that though the relationship between the parties be technically that of landlord and tenant, the proceedings of summary ejectment instituted before a justice of the peace will not lie if it also appears that the defendant tenant in possession has…
2Cases cited17 opinions
- Waterman v. BanksSupreme Court of the United States · 1892
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Gustin v. Union School-DistrictMichigan Supreme Court · 1893
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
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3Cited by5 opinions
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- Harwell v. RohrabacherSupreme Court of North Carolina · 1955
- Wise Supply Co. v. DavisSupreme Court of North Carolina · 1927