Branch v. . Houston
Supreme Court of North Carolina
This was an action of debt for the penalty of one hundred dollars, brought by the plaintiff as the owner of a runaway slave, against tire defendant for harboring said slave.
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This was an action of debt for the penalty of one hundred dollars, brought by the plaintiff as the owner of a runaway slave, against tire defendant for harboring said slave. It was commenced by warrant before a single magistrate, and carried by appeal to the County Court, where the defendant put in pleas in bar, and upon the trial of the issues, a verdict and judgment were rendered against him, and he appealed to the Superior Court, where it was fried at Duplin, on the last Circuit before Battle, Judge. Upon the trial, the defendant^ counsel objected that the magistrate had no jurisdiction of…
1Opinion of the CourtPeaeson, J.
A single magistrate had not jurisdiction of the case. The Act of 1820 extends tire jurisdiction of single magistrates to debts of one hundred dollars, due by bonds, notes and liquidated accounts. This does not include the penalty of one hundred dollars, imposed by Statute, to be paid to the owner, for harboring a runaway slave.
It is insisted, there ought to have been a plea to the jurisdiction, and by pleading over, the objection is waived. There is a rule of pleading, that “good matter must be brought forward in apt time and due form.” There is a rule of law, that jurisdiction cannot be…
2Cited by19 opinions
- Burgess Ex Rel. Burgess v. GibbsSupreme Court of North Carolina · 1964
- Richards v. Nationwide HomesSupreme Court of North Carolina · 1965
- Baker v. VarserSupreme Court of North Carolina · 1954
- Henderson County v. . SmythSupreme Court of North Carolina · 1939
- Spaugh v. City of CharlotteSupreme Court of North Carolina · 1954
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