¶1 The two actions were brought before the Justice of the Peace, not to enforce a contract by recovering judgment for an ascertained amount of indebtedness, but for the recovery of the possession of distinct articles of property, to-wit, corn, of the value of $35, made upon certain land, in the first, and cotton and fodder raised thereon, of the value of $15,. in the second action. The Court of the Justice unquestionably had jurisdiction, under the principle laid down in Bell v. Howerton, 111 N. C., 69. This is not one of the cases where an attempt has been made to give jurisdiction by “ splitting up ” the items of indebtedness due on a single contract, so as to bring the amount demanded in each action within the constitutional limit. The ruling of the Court below sustaining the conclusion of the Referee that the Magistrate’s Court had no jurisdiction is, therefore, reversed, and the cause will stand for hearing upon the report of the Referee. Judgment reversed.
115 N.C. 33
20 S.E 178
Johnson v. . Williams
Supreme Court of North Carolina
Decided September 5, 1894
Supreme Court of North Carolina · decided 1894-09-05
This is a Civil action, the consolidation of two suits brought by plaintiff against defendant on the 8th day of November, 1892, before J. P. Leach, Justice of the Peace in Warren County, one demand having been made by the plaintiff upon the defendant for the property embraced in both suits; and upon the trial before said Justice, the defendant put in no defence, and the -plaintiff recovered judgment in both suits for the property described in the summons in the suits.
Cited by 1 later decisions — most recently September 1892
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1894-09-05
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