Joseph Waldo & Co. v. Jolly
Supreme Court of North Carolina
This was an ACTION of assumpsit, begun by warrrant, and brought up to the Superior Court of Martin, where it was tried before SauNDERS, J., at the Fall Term, 1856. The only question in the case was, whether, on an account containing various particulars amounting, in all, to more than sixty dollars, items could be credited so as to bring it within the jurisdiction of a single justice of the peace ; the credit being entered for that purpose only.
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This was an ACTION of assumpsit, begun by warrrant, and brought up to the Superior Court of Martin, where it was tried before SauNDERS, J., at the Fall Term, 1856. The only question in the case was, whether, on an account containing various particulars amounting, in all, to more than sixty dollars, items could be credited so as to bring it within the jurisdiction of a single justice of the peace ; the credit being entered for that purpose only. His Honor, upon this question, was of opinion with the plaintiff, and gave judgment accordingly ; from which the defendant ajDpealed.
1Opinion of the CourtNash, C. J.
The action commenced before a single magistrate upon an account for sixty dollars; the account was, originally, for $72,95, but upon it was a receipt for $12,96, leaving the amount claimed, as stated in the warrant. On the argument it was insisted that the account, in its legal character, was one, and could not be cut up, without the assent of the defendant, into different parts, so as to bring it within the jurisdiction of a justice of the peace.
We do not agree to the proposition. It is not true in law. Where an account consists of divers, dealings of the parties at different periods of…
2Cited by2 opinions
- Boyle v. . RobbinsSupreme Court of North Carolina · 1874
- Billingsly v. . KnightSupreme Court of North Carolina · 1817