Richmond v. Boman.

Decided July 5, 1811

Supreme Court of North Carolina · decided 1811-07-05

From Caswell. The act of 1741, ch. 8, inflicts a penalty of ten pounds proclamation money, for mismarking an unmarked hog, &c. to be recovered in any Court of Record, by any person who will sue for the same. By the act of 1802, ch. Gth, jurisdiction is given to a justice of the peace over all penalties that do not exceed in amount thirty pounds.

Decided 1811-07-05

Locke, Judge,

¶1 delivered the opinion of the Court:

¶2 The case of Keddie v. Moore, decided at this term, has settled the question upon this demurrer. The Court are of opinion, that the act of 1802, ch. 6, is not incompatible with the spirit of the Constitution: that act has given to a justice of the peace jurisdiction of all penalties, &c. in amount not exceeding thirty pounds. Let the demurrer be overruled.

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Case posture

Posture: THE act of 1741, ch. 8, inflicts a penalty of £ 10 proclamation money for mismarking an unmarked hog, etc., to be recovered in any court of record by any person who will sue for the same. By the act of 1802, ch. 6, jurisdiction is given to a justice of the peace over all penalties that do not exceed in amount £ 30. Under this act Richmond brought a warrant before a justice of the peace for Caswell County, to recover of defendant the penalty of £ 10, given by the act of 1741 for mismarking an unmarked hog not properly his own, but the property of the plaintiff. He obtained judgment before the justice, and the defendant appealed to the County Court, where he demurred specially to the warrant, and for cause set forth that a justice of the peace had not jurisdiction of the penalty claimed by the plaintiff. There was a joinder in demurrer, and the case was removed by consent to the Superior Court, and thence to this Court.

Source: CourtListener

Court

Supreme Court of North Carolina