Wiseman v. . Witherow
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1883, of McDowell Superior Court, before Gudger, J. ■ Upon the call of this case, the defendant’s counsel moved to dismiss the action upon the ground of a want of jurisdiction', and “ it appearing to the court that it has not jurisdiction of the subject matter of the action, it is adjudged that the same be dismissed at plaintiff’s costs,” and from this ruling the plaintiff appealed.
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Civil ActioN tried at Spring Term, 1883, of McDowell Superior Court, before Gudger, J. ■ Upon the call of this case, the defendant’s counsel moved to dismiss the action upon the ground of a want of jurisdiction', and “ it appearing to the court that it has not jurisdiction of the subject matter of the action, it is adjudged that the same be dismissed at plaintiff’s costs,” and from this ruling the plaintiff appealed. The facts necessary to an understanding of the point decided in this'court are sufficiently stated in its opinion.
1Opinion of the CourtMbrriMON, J.
It is the sum of money demanded in the action upon the contract, express or implied, that determines the question of jurisdiction, in a case like the present one, but the law contemplates that the plaintiff will make his demand in good faith and with reasonable certainty, as to the amount in dispute, and with no purpose to evade or give the jurisdiction improperly.
If it manifestly appears to the court that the sum demanded is greater than was really due, and was so alleged for the purpose of giving the court jurisdiction, -when in truth and law it could not attach, then, in the language of…
2Cases cited1 opinion
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
3Cited by9 opinions
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Martin v. . GoodeSupreme Court of North Carolina · 1892
- Williams v. . WilliamsSupreme Court of North Carolina · 1924
- Bundy v. . Credit Co.Supreme Court of North Carolina · 1932
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