Cromer Bros. v. Marsha

Citations

• 29 S.E. 836
• 122 N.C. 563
• 1898 N.C. LEXIS 303

Syllabus

<p>Action on Account — Justice of the Peace — Jurisdiction —Sum Demanded.</p> <p>1. In an action on contract it is the sum demanded in the summons or complaint that fixes the jurisdiction.</p> <p>2. Where the amount claimed in the summons issued by a Justice of the Peace was ¡5200 and no other complaint was filed, and the account offered in evidence amounted to $242.00 hut plaintiff stated that he remitted the excess over $200; Held, that the Justice of the Peace had jurisdiction.</p> <p>3. When the pleadings before a Justice of the Peace, in an action on contract, did not show a want of jurisdiction and no objection was made thereto, such objection cannot be made on appeal to the Superior Court.</p>