Morris v. . Saunders
Supreme Court of North Carolina
Civil Action tried' at Fall Term, 1881, of Waice Superior Court, before Gilmer, J. The suit was instituted before a justice of the peace to, recover the sum of two hundred dollars. There was judgment for plaintiff, and the defendant appealed to the superior court where the ease was dismissed on the ground that the justice had no jurisdiction,, and from, this judgment the plaintiff appealed.
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Civil Action tried' at Fall Term, 1881, of Waice Superior Court, before Gilmer, J. The suit was instituted before a justice of the peace to, recover the sum of two hundred dollars. There was judgment for plaintiff, and the defendant appealed to the superior court where the ease was dismissed on the ground that the justice had no jurisdiction,, and from, this judgment the plaintiff appealed. The plaintiff and defendant having ¿greed to an interchange of lands, entered into a written contract under seal, which contract after reciting the terms, of their trade provides as follows r “ And the…
1Opinion of the CourtRitfeiN, J.
The only point involved is as- to the jurisdiction of the justice of the peace before whom the plaintiff brought his action.
As we construe the instrument, it is a bond for four hundred dollars to be void on certain conditions — 'the condition being that the parties shall make title to, and deliver possession of their respective landsor, in case of default, that the party guilty thereof shall pay to the other two hundred dollars and damages. We give it this construction ■because under .any -other that could be put upon it, all that is said about the four hundred dollars would be surplusage and…
2Cases cited4 opinions
- Dalton v. . WebsterSupreme Court of North Carolina · 1880
- Hedgecock v. . DavisSupreme Court of North Carolina · 1870
- State on Rel. of Fell Bro. v. . Porter .Supreme Court of North Carolina · 1873
- State Ex Rel. Bryan v. RousseauSupreme Court of North Carolina · 1874
3Cited by1 opinion
- Coggins v. . HarrellSupreme Court of North Carolina · 1882