Meneely & Co. v. Craven
Supreme Court of North Carolina
Civil Action tried at Pall Term, 1881, of Randolph Superior Court, before Gudger, J. This action, wherein the plaintiffs seek to recover of the defendant the sum of $150.62 as a balance due from him on the purchase of a bell, was begun in a justice’s court, and brought by a succession of appeals to this court.
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Civil Action tried at Pall Term, 1881, of Randolph Superior Court, before Gudger, J. This action, wherein the plaintiffs seek to recover of the defendant the sum of $150.62 as a balance due from him on the purchase of a bell, was begun in a justice’s court, and brought by a succession of appeals to this court. On the trial in the court below, it was admitted that the defendant had purchased the bell in May, 1876, together with mountings for the same, at the price of $402.09, upon which he had made payments, in the way of cash and the price of an old bell taken in exchange, whereby that sum…
1Opinion of the Court
Ruffin, J.,
after stating the case. The question presented by the defendant’s appeal has been so recently, and so fully considered b}' the court, that we cannot suppose it to be necessary that we should go over the ground again.
The decision, at last reached in Boyett v. Vaughan, 85 N. C., 363, fortified as it is by the reasoning of the Justices in McClenahan v. Cotten, 83 N. C., 332, and Derr v. Stubbs, Ib., 539, must be deemed final, and as settling the law, that a counterclaim, the amount of which exceeds the jurisdiction of a justice’s court, cannot be entertained in a court of that…
2Cases cited2 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- McClenahan v. . CottenSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- R. W. L. Raisin & Co. v. ThomasSupreme Court of North Carolina · 1883
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911