Leonard v. . Coble

23 S.E.2d 841, 222 N.C. 552, 1943 N.C. LEXIS 372

Opinion

Denny, J.

The sole question presented is whether or not on appeal from a justice’s court, the Superior Court has jurisdiction to enter judgment on a counterclaim in excess of two hundred ($200.00) dollars. The answer is “No.”

The jurisdiction of the Superior Court in appeals from justices of the peace is entirely derivative, and is no greater than that of the justice’s court. Perry v. Pulley, 206 N. C., 701, 175 S. E., 89.

A defendant may set up a counterclaim in excess of $200.00 in bar of a recovery in a justice’s court, but the plea can only defeat a recovery by the plaintiff and will not give the defendant the right to have judgment entered for the amount of said counterclaim. See Cheese Co. v. Pipkin, 155 N. C., 395, 71 S. E., 442, where Justice Solee, in an able and exhaustive opinion decided the question raised here and assembled the authorities.

Defendants having pleaded, and the verdict having established, a counterclaim in their favor, in the sum of $225.00, and plaintiff not having recovered anything, the defendants are entitled to have judgment entered that they go without day and recover their costs.

It was error to enter judgment in favor of defendants for $225.00 with interest, and to that extent the judgment of the court below is

Reversed.