Singer Sewing Machine Co. v. Burger
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions…
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Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions for services while acting as plaintiff’s agent. The plaintiff demurred to the allegations of indebtedness in -the…
1DissentAlleN, J.
Tbe decision of tbe Court is that, in an action begun and properly constituted .in tbe Superior Court, a defendant may have an affirmative judgment on a counterclaim arising ex cow-tractu, when tbe sum demanded is less than $200.
Tbe ground of tbe decision is that, as tbe word “exclusive” was •omitted from tbe Constitution in 1875 in defining tbe jurisdiction of justices of the peace, the General Assembly now has tbe power to confer on tbe Superior Court concurrent jurisdiction in actions on contract when tbe amount is less than $200, and that it has exercised tbis power in sections 519 and…
2Cases cited18 opinions
- State v. . HolderSupreme Court of North Carolina · 1910
- Wilson v. . HughesSupreme Court of North Carolina · 1886
- General Electric Co. v. WilliamsSupreme Court of North Carolina · 1898
- Martin v. . GoodeSupreme Court of North Carolina · 1892
- Temple v. Niagara Fire InsuranceWisconsin Supreme Court · 1901
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