Jones v. . Jones

Supreme Court of North Carolina

Decided December 5, 1832

Supreme Court of North Carolina · decided 1832-12-05

This suit was originally commenced before a justice of the peace; by a warrant sued out May 23d, 1831.

Cited by 1 later decisions — most recently December 1844

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1832-12-05

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Daniel, Judge,

¶1 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.

¶2 Per Curiam. — Judgment aeeirmed.

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Case posture

Posture: 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, before Daniel, J. , at WAKE, a verdict was taken for the plaintiff, subject to the opinion of the court upon the question whether 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.

Source: CourtListener

Court

Supreme Court of North Carolina