State v. . Craig
Supreme Court of North Carolina
CRIMINAL Action for failure to ivork on Public Road, commenced before a justice of the peace and heard on appeal at October Term, 1879, of New Hanover Criminal Court, before Meares, J. The opinion in this case as reported in 81 N. C., 588, was certified to the court below with directions for further proceedings, when on motion of defendant’s counsel the judgment was arrested upon the ground of a want of jurisdiction in the justice’s court where the action begun, and Moore,…
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CRIMINAL Action for failure to ivork on Public Road, commenced before a justice of the peace and heard on appeal at October Term, 1879, of New Hanover Criminal Court, before Meares, J. The opinion in this case as reported in 81 N. C., 588, was certified to the court below with directions for further proceedings, when on motion of defendant’s counsel the judgment was arrested upon the ground of a want of jurisdiction in the justice’s court where the action begun, and Moore, solicitor for the state, appealed.
1Opinion of the CourtSmith, C. J.
This case was before the court at the last term, and it was held that upon the facts set out in the special verdict, the defendant was not exempt from liability to work upon the public roads. Upon the calling of the cause in New Hanover criminal court for further proceedings, on motion of the defendant’s counsel, judgment was arrested and the solicitor appealed. The argument in .support of the ruling below is the want of jurisdiction in the justice, with whom the proceedings originated, to hear and determine the subject matter of the charge, and this is the only point presented in the appeal.…
2Cases cited1 opinion
- State v. . HeidelburgSupreme Court of North Carolina · 1874
3Cited by1 opinion
- State v. WilkesSupreme Court of North Carolina · 1951