Lilly & Bro. v. Purcell

78 N.C. 82

• Court: Supreme Court of North Carolina
• Decided: January 5, 1878
• Status: Published

Opinion

Faircloth, J.

The plaintiff', a citizen of New Hanover County, brought this action before a Justice of the Peace in said County, against the defendant, a citizen of Robeson County, by sending process to the latter County, as provided by statute in certain cases. Did the Justice have jurisdiction ?

In Wooten v. Maultsby, 69 N. C, 462, it is said there was no such jurisdiction; but that was not the main question involved in that case, and it was probably not discussed. In Sossamer v. Hinson, 72 N. C. 578, it was held that the Justice Nad jurisdiction under a proper construction of Bat. Rev. ch. 63 § 50, and so the law continued until the Act of 1876-’77, ch. 287, ratified March 12th, 1877, after the present action was commenced; which Act in explicit terms takes away jurisdiction in a case like the present. Let judgment be entered here for the plaintiff according to the judgment below.

No error.

FeR CuRIAm. Judgment affirmed.