Legal Opinion

Martin v. . Goode

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 16 opinions

This was a civil action, heard upon demurrer by Brovm, J, at the Spring Term of Northampton Superior Court. The complaint alleged a liability of the defendant admin-istratrix c. t. a., for $150, an annuity charged against her testator’s estate, and another liability for $359.40 for the value of board refused to be furnished by the admin-istratrix, and which it was alleged she was liable to furnish under the following clause of the will which was set out in the complaint: “My…

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This was a civil action, heard upon demurrer by Brovm, J, at the Spring Term of Northampton Superior Court. The complaint alleged a liability of the defendant admin-istratrix c. t. a., for $150, an annuity charged against her testator’s estate, and another liability for $359.40 for the value of board refused to be furnished by the admin-istratrix, and which it was alleged she was liable to furnish under the following clause of the will which was set out in the complaint: “My mother, Letitia Edwards, is to have one hundred and fifty ($150) dollars out of my estate annually as long as she…

1Opinion of the Court

Clark, J.:

It is the sum demanded in good faith wdiich is the test of jurisdiction. Const., Art. IV., sec. 27; The Code § 834. Though there may be several causes of action, each of which is for less than $200, if the aggregate demand is for more than $200, the Superior Court has jurisdiction whenever the causes of action are such as can be joined in the same action. Maggett v. Roberts, 108 N. C., 174; Moore v. Nowell, 94 N. C., 265; Estee’s Code Pleading, sec. 1609.

Should the sum demanded be reduced under $200 by failure of proof, or by sustaining a demurrer to any part thereof, or to some of…

2Cases cited11 opinions

  1. Moore v. . NowellSupreme Court of North Carolina · 1886
  2. Usry v. . SuitSupreme Court of North Carolina · 1884
  3. State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
  4. Buie v. . BrownSupreme Court of North Carolina · 1889
  5. Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Fields v. . BrownSupreme Court of North Carolina · 1912
  2. Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
  3. Austin v. . StewartSupreme Court of North Carolina · 1900
  4. Williams v. . WilliamsSupreme Court of North Carolina · 1924
  5. Burkhart v. GowinSupreme Court of Florida · 1923

11 more not listed; retrieve them via the Exa API.

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