State v. . Quick
Supreme Court of North Carolina
Ceiminal action, (keeping an unlawful fence in crop time,) tried before Buxton, Jat the Pall Term, 1874, of Cumbee-land Superior Court. The action originally commenced in the Court of a Justice of the Peace, upon the complaint of one Sikes, August 31st, 1874. The Justice, taking final jurisdiction, fined the defendant $5.00, from which judgment, he appealed to the Superior Court.
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Ceiminal action, (keeping an unlawful fence in crop time,) tried before Buxton, Jat the Pall Term, 1874, of Cumbee-land Superior Court. The action originally commenced in the Court of a Justice of the Peace, upon the complaint of one Sikes, August 31st, 1874. The Justice, taking final jurisdiction, fined the defendant $5.00, from which judgment, he appealed to the Superior Court. The complaint filed in the Justice’s Court, contains the sworn ■statement, “ that this complaint is made by the party injured .by the offence.” And upon the trial in the Superior Court, ■had upon the original papers,…
1Opinion of the CourtReads, J.
The first point made-by the defendant is that the Justice of the Peace had no jurisdiction “to hear, try and determine the cause,” because the complaint was not made by the “party injured by the offense.”
It is true that the statute does require, as one of the requisites to give a Justice of the Peaee.jurisdiction that the “ party injured” shall complain. And wherr-there is a party injured he must complain, else the Justice has, no jurisdiction. Bnt how is it in a case which has all the requisites to give the Justice jurisdiction except that the injured party does not complain, and that…
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- State v. . PerrySupreme Court of North Carolina · 1874
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