Supreme Court of North Carolina, 1878

Lilly & Bro. v. Purcell

Lilly & Bro. v. Purcell
Supreme Court of North Carolina · Decided January 5, 1878 · Faircloth
78 N.C. 82

Lilly & Bro. v. Purcell

Opinion of the Court

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 *83 Sossamer v. Hinson, 72 N. C. 578, it was held that the Justice Nad jurisdiction under a proper construction of Bat. Rev. ch. 63 ยง 50, and so the law continued until the Act of 1876-โ€™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.

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