Malloy v. . Fayetteville

FAIRCLOTH, C. J., and MONTGOMERY, J., dissent. The Constitution, Art. IV, sec. 12, empowers the General Assembly to "allot and distribute that portion of the judicial power and jurisdiction, which does not pertain to the Supreme Court, among the other courts prescribed in this Constitution, or which may be established by law, in such manner as it may deem best" (and also to regulate appeals and procedure), "so far as the same may be done without conflict with other provisions of this Constitution." Section 27 of the same article gives justices of the peace jurisdiction "of civil action…