Opinion · Supreme Court of North Carolina

Jones v. . Jones

14 N.C. 360

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1832-12-05
Topic
general

Daniel, Judge, after stating the case as above, proceeded: The first judgment being for a larger sum than a justice of the peace had jurisdiction of, it is void, and no action can be maintained upon it. Per Curiam. — Judgment aeeirmed.

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Cited by
1 opinion
JONESv. JONES,14 N.C. 360(1832)
BARNABAS JONES v. MINTON JONES.
Supreme Court of North Carolina
(December Term, 1832.)
A judgment of a single magistrate for a sum above his jurisdiction is void, and no action can be maintained on it.
THIS suit was originally commenced before a justice of the peace by a warrant sued out 23 May, 1831. The plaintiff declared upon a former judgment which was dated 10 March, 1827, and was for "$75, with interest from 25 December, 1818." At the trial on the last (361) spring circuit, beforeDaniel, J., at WAKE, a verdict was taken for the plaintiff, subject to the opinion of the court upon the questionPage 294whether the judgment having been rendered before the passage of the Act of 1828, ch. 9, giving justices of the peace jurisdiction where the principal and interest exceeds $100 was not void.
His Honor being of opinion with the defendant, set aside the verdict and entered a nonsuit, from which the plaintiff appealed.
Devereux for plaintiff.W. H. Haywood contra.
DANIEL, J.,
after stating the case as above, proceeded: The first judgment being for a larger sum than a justice of the peace had jurisdiction of it is void, and no action can be maintained upon it.

PER CURIAM. Judgment affirmed.Cited: Morgan v. Allen,27 N.C. 157;Branch v. Houston,44 N.C. 88;Dalton v. Webster,82 N.C. 282;Noville v. Dew,94 N.C. 46.