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78 N.C. 82

Lilly & Bro. v. Purcell

Supreme Court of North Carolina

Decided January 5, 1878

Supreme Court of North Carolina · decided 1878-01-05

Civil Action, commenced before a Justice of tbe Peace? &nd tried on appeal, at June Term, 1877, of New Hanover Superior Court, before Seymour, J. Upon the trial before the Justice, the defendant moved to dismiss the action for want of jurisdiction, because there was only one defendant, and he resided in a County other than that of the Justice.

Cited by 2 later decisions (1 by the Supreme Court) — most recently October 1927

1 state decisions

Relies on Sossamer v. . Hinson .

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-05

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Faircloth, J.

¶1 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 ?

¶2 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 § 50, and so the law continued until the Act of 1876-’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.

¶3 No error.

¶4 FeR CuRIAm. Judgment affirmed.

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