Board of Commissioners v. Addington

68 N.C. 254

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Boyden, J.

His Honor was mistaken in supposing that this was a case for his decision at Chambers. The case should have been placed on the trial, or issue docket, to be tried de novo, as has been repeatedly decided in this Court.

It is when the sum recovered against the defendant is less than $25.00, or when the plaintiff’s demand does not exceed that sum, that his Honor is to decide the case at Chambers; but when .the plaintiff’s claim is for more than twenty-five • dollars, as in this case it is for more than eighty dollars, and he recovered nothing, or less than twenty-five dollars, but a judgment is rendered against the plaintiff, the appeal is to be placed upon the trial, or issue docket, to be tried anew in the Superior Court upon the facts, as was decided in the case of Cowles v. Haynes, 67 N. C. Rep. 128, and the case of Wells v. Sluderi at this term.

This disposes of the case in this Court, and renders it unnecessary to notice the other points made in the case.

There is error.

This will be certified.

Per Curiam.

Judgment reversed.