Cherry v. . Lilly
Supreme Court of North Carolina
This was a civil action, tried at May Term, 1893, of Beaufort Superior Court, before Bynum, J., upon an appeal by the plaintiff from a Justice of the Peace, before whom both the plaintiff and the defendant appeared in person and by attorney.
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This was a civil action, tried at May Term, 1893, of Beaufort Superior Court, before Bynum, J., upon an appeal by the plaintiff from a Justice of the Peace, before whom both the plaintiff and the defendant appeared in person and by attorney. In the Superior Court the defendant, for the first time, moved to dismiss the action, because the summons was issued by A. Mayo, a Justice of the Peace, and made returnable before O. H. P. Tankard, another Justice of the Peace of the same township. The latter Justice tried the'action below, and the defendant there did not move to dismiss. The Court…
1Opinion of the Court
MacRae, J.:
There is th's distinction between the present case and that of Williams v. Bowling, 111 N. C, 295, wherein it was held that a summons issued by one Justice of the Peace cannot be made returnable before another, except in cases provided by statute to that effect. In the former, the defendant appeared and answered, submitting to the jurisdiction of the Justice before whom the summons was returned. In the latter, the defendant appeared and moved to dismiss, and the Justice properly dismissed the action.
Here both Justices had jurisdiction of the subject-matter of the action, but the…
2Cases cited3 opinions
- McMinn v. . HamiltonSupreme Court of North Carolina · 1877
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- Moore v. N. C. RailroadSupreme Court of North Carolina · 1872
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