Montague v. . Brown
Supreme Court of North Carolina
Pleading — Pendency of farmer action — Practice before Justices of the Peace. This was a civil aotiox, commenced before a Justice of the Peace in Wake County, and carried to the ¡Superior Court by appeal. At April Term, 1888, of the Superior Court, Shipp, J, presiding, the cause coming on for trial, the record states that “ the defendant moved that the cause he dismissed for want of jurisdiction of this Court.” Question of jurisdiction reserved.
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Pleading — Pendency of farmer action — Practice before Justices of the Peace. This was a civil aotiox, commenced before a Justice of the Peace in Wake County, and carried to the ¡Superior Court by appeal. At April Term, 1888, of the Superior Court, Shipp, J, presiding, the cause coming on for trial, the record states that “ the defendant moved that the cause he dismissed for want of jurisdiction of this Court.” Question of jurisdiction reserved. The case on appeal states that, “ on the trial before Shipp, J., the defendant, for the purpose of showing that the Court did not have jurisdiction…
1Opinion of the Court
Avery, J.:
The record proper does not now show that the motion to dismiss was ever, in fact, heard before Judge Shipp, and there is no record <>f any exception to his ruling on the question of jurisdiction. It does not appear that the parties filed written pleadings, and the record shows no memorandum of the pleas entered by the defendant. But it does appear, that on the trial before Judge Shipp, the jury passed upon the same issue submitted on the last trial, and nothing else was put in issue before the jury.
We gather from The Code, (§ 840, Rules 2,3,4 and 15, and § 876), that, under the…
2Cases cited5 opinions
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
- Ellison v. . RixSupreme Court of North Carolina · 1881
- Long v. Bank of YanceyvilleSupreme Court of North Carolina · 1879
3Cited by11 opinions
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Thomas v. ThomasSupreme Court of North Carolina · 1963
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Hicks v. . BeamSupreme Court of North Carolina · 1893
- Baltzer v. North CarolinaSupreme Court of the United States · 1896
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