Starke v. . Cotten
Supreme Court of North Carolina
Civil action, tried on appeal from a Justice’s Court at May Term, 1894, of Vance Superior Court, before Battle, J., and a jury.
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Civil action, tried on appeal from a Justice’s Court at May Term, 1894, of Vance Superior Court, before Battle, J., and a jury. The action was begun February 4,1893, and the nature and purpose of the same will be seen from the following statement: The plaintiff contended, and introduced evidence tending to show, that he had purchased several lots of tobacco from the defendant R. R. Cotten in November, 1892, the same to be delivered in Henderson, and to be paid for at a certain amount agreed on between the parties per pound; that a part of said tobacco, the less valuable part, was delivered in…
1Opinion of the Court
Clark, J.:
It has been repeatedly held that if in an action before a Justice of the Peace there are two causes of action, of one of which the Justice has jurisdiction and of the other be bas not, the Justice can proceed to try the first, treating the latter as surplusage. Manufacturing Co. v. Barrett, 95 N. C., 36. The jurisdiction as to such valid cause of action is not ousted because further relief is asked which the Justice has no power to grant. Deloatch v. Coman, 90 N. C., 186; Ashe v. Gray, 88 N. C., 190; Morris v. O’Briant, 94 N. C., 72. 'In the latter case it is held that the question…
2Cases cited6 opinions
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Ashe v. . GraySupreme Court of North Carolina · 1883
- Noville v. . DewSupreme Court of North Carolina · 1886
- State v. . NormanSupreme Court of North Carolina · 1892
- Deloatch v. . ComanSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jordan v. MasseyCourt of Appeals of Texas · 1911
- Hargrove v. . HarrisSupreme Court of North Carolina · 1895
- Patterson v. Freeman.Supreme Court of North Carolina · 1903
- Carter v. GrayCourt of Appeals of Texas · 1932