Bryan v. . Street

183 S.E. 866, 209 N.C. 284, 1936 N.C. LEXIS 455

• Court: Supreme Court of North Carolina
• Decided: January 22, 1936
• Status: Published

Opinion

Stacy, C. J.

¥e were told on the argument the court’s ruling was based upon the belief that a landlord may not evict a tenant other than by a summary proceeding in ejectment, commenced before a justice of the peace. O. S., 2365, et seq. The law is otherwise. Ogburn v. Booker, 197 N. C., 687, 150 S. E., 330. The Superior Court has original jurisdiction of all civil actions whereof exclusive original jurisdiction is not given to some other court. C. S., 1436. “It seems that justices of the peace, as between landlords and tenants, have concurrent jurisdiction with the Superior Courts” — Furches, J., in McDonald v. Ingram, 124 N. C., 272, 32 S. E., 677. See, also, Shelton v. Clinard, 187 N. C., 664, 122 S. E, 477.

Moreover, it appears that defendant has denied plaintiff’s title, controverted the allegation of tenancy, and pleaded betterments. In any event, this would seem to give the Superior Court jurisdiction. Ins. Co. v. Totten, 203 N. C., 431, 166 S. E., 316.

Beversed.

Devin, J., took no part in the consideration or decision of this case.