Heyser v. . Gunter
Supreme Court of North Carolina
Civil action, tried on appeal from justice of the peace’s court, before Robinson, J., at Fall Term, 1895, of Graham Superior Court. The facts are stated in the opinion of Associate Justice Montgomery. From a judgment for the defendant on his counter-claim the plaintiff appealed.
1ConcurrenceClark, J.
(concurring) : Concurring in the result, I cannot agree to the process by which the conclusion is reached, as it recognizes jurisdiction in a justice of the peace to adjudicate that the defendant was indebted to the plaintiff $325, and that the plaintiff was indebted to the defendant $525, exclusive of $114.25 remitted to give jurisdiction. I do not think that a justice of the peace has such jurisdiction. The plaintiff sued for $200. The defendant pleaded that this $200 had been paid, and pleaded a counter-claim of $200, remitting all his claim against the plaintiff in excess of $200, i. e.…
2Cases cited3 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Boyett v. . VaughanSupreme Court of North Carolina · 1878
- Scott v. . BryanSupreme Court of North Carolina · 1887