Singer Sewing Machine Co. v. Burger
Supreme Court of North Carolina
Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions…
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Appeal by plaintiff from Bryson, J., at June Term, 1920, of CHEROKEE. Civil action commenced in the Superior Court to recover a horse, plaintiff claiming under what is in substance a mortgage, executed by -the defendant to secure the purchase price, on which there was a balance due of $37. The defendant denied the right to recover, pleaded payment, and alleged that the plaintiff was indebted to him in the sum of $193 due by contract for feed of another horse, and commissions for services while acting as plaintiff’s agent. The plaintiff demurred to the allegations of indebtedness in -the…
1ConcurrenceClaRK, C. J.
An additional cause of action, or a counterclaim, in an action begun in the Superior Court is not required to be of any specific amount.. It may be over or under $200.
1. This is not forbidden by the Constitution, in which in 1875 the amendment struck out the requirement that the justice of the peace had “exclusive” jurisdiction of actions on contract under $200.
2. C. S., 507, provides that “The plaintiff may unite in the same complaint several causes of action of legal or equitable nature, or both,” and other causes of action there specified, without limiting the amount. The limitation of…
2Cases cited31 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Railroad Co. v. SmithSupreme Court of the United States · 1874
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Meredith v. RailroadSupreme Court of North Carolina · 1905
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