Leonard v. . Coble

The sole question presented is whether or not on appeal from a justice’s court, the Superior Court has jurisdiction to enter judgment on a counterclaim in excess of two hundred ($200.00) dollars. The answer is “No.”

The jurisdiction of the Superior Court in appeals from justices of the peace is entirely derivative, and is no greater than that of the justice’s court. Perry v. Pulley, 206 N. C., 701, 175 S. E., 89.

A defendant may set up a counterclaim in excess of $200.00 in bar of a recovery in a justice’s court, but the plea can only defeat a recovery by the plaintiff and will not give the…