Greenville Banking & Trust Co. v. Leggett

Tbe defendant excepted to tbe instruction given, and in tbe argument here she contended that neither tbe justice of tbe peace nor tbe Superior Court on appeal bad jurisdiction of tbe action. Tbe jurisdiction of tbe Superior Court was derivative; it could not proceed to judgment, therefore, unless tbe justice bad original jurisdiction. Drainage Comrs. v. Sparks, 179 N. C., 581; Sewing Machine Co. v. Berger, 181 N. C., 241, 248; Hall v. Artis, 186 N. C., 105. Tbe plaintiff says the question of jurisdiction was not raised in tbe trial court and should not now be considered; but it has been held…