Citation Numbers: 29 S.E. 836, 122 N.C. 563, 1898 N.C. LEXIS 303
Judges: Furches
Filed Date: 4/5/1898
Status: Precedential
Modified Date: 11/11/2024
This action commenced before a justice of the peace and, by successive appeals, has come to this Court. The amount claimed in the summons is $200, and there was no other complaint filed. The defendant denied owing the plaintiff anything, plead statute of frauds and coverture.
Upon the trial the plaintiff offered in evidence a store account, consisting of many items on different days, amounting to $242 — stating *Page 350 (564) that while the whole of said account was due he only claimed $200, and that he remitted the excess. The trial proceeded upon this contention on the part of the plaintiffs and these pleas of the defendant, when the court rendered judgment for plaintiff for $200, and defendant appealed to the Superior Court, where it appears the defendant, in addition to the defenses pleaded and relied on before the justice of the peace, insisted that the sum demanded exceeded $200, and that the justice had no jurisdiction. Judgment again being entered against the defendant, she appealed to this Court. In stating the case on appeal, it is expressly stated that all other pleas and defenses were abandoned except the question of jurisdiction.
This defense cannot be sustained. Section 832 of The Code provides that the summons shall state the amount claimed. This was done, and the amount claimed was $200. Section 834 of The Code gives justices of the peace original and exclusive jurisdiction of all actions upon contract where the sum demanded does not exceed $200. The sum demanded in this action did not exceed $200.
In Allen v. Jackson,
Affirmed.
Cited: Knight v. Taylor,