Morris and Hopson v. . O'Briant
Supreme Court of North Carolina
This was a civil ACTION begun before a justice of the peace, and carried by appeal of the plaintiff to the Superior Court of the county of Durham, and tried before Gilmer, Judge, at the January Special Term, 1886. In the statement of the justice transmitted on the appeal of the plaintiff to the Superior Court, it appears that the defendant was summoned to answer the complaint of the plaintiff for the non-payment of the sum of eighty dollars due by contract, and the plaintiff…
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This was a civil ACTION begun before a justice of the peace, and carried by appeal of the plaintiff to the Superior Court of the county of Durham, and tried before Gilmer, Judge, at the January Special Term, 1886. In the statement of the justice transmitted on the appeal of the plaintiff to the Superior Court, it appears that the defendant was summoned to answer the complaint of the plaintiff for the non-payment of the sum of eighty dollars due by contract, and the plaintiff in his complaint alleged that the defendant was, in the year 1883, the tenant of his intestate, upon whose land he…
1Opinion of the CourtAshe, J.
(after stating the case). The only points raised by the record, are to the refusal of the Court to dismiss the action for want of jurisdiction, and to grant a new trial. In neither of which rulings of the Court do we find any error.
The defendant’s motion to’dismiss the action for want of jurisdiction in the justice, is founded upon the idea that the action is claim and delivery, and the value of the property claimed is more than fifty dollars. But this is a misconception of the plaintiff’s action. The fact that the plaintiff filed an affidavit and obtained an order of seizure of the property…
2Cases cited1 opinion
- Deloatch v. . ComanSupreme Court of North Carolina · 1884
3Cited by3 opinions
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Hargrove v. . HarrisSupreme Court of North Carolina · 1895
- Starke v. . CottenSupreme Court of North Carolina · 1894