Malloy v. City of Fayetteville

Citations

• 122 N.C. 480

Syllabus

<p>Action for Damages — Justice of the Peace — Jurisdiction — Constitutionality of Statute.</p> <p>1. The General Assembly has power under Section 12 of Article IV to apportion out the judicial power and jurisdiction below the Supreme Court as it deems fit, except when to do so conflicts with other provisions of the Constitution.</p> <p>2. The provision in Section 27, Article IV of the Constitution, authorizing the General Assembly to give to Justices of the Peace “ jurisdiction of other civil actions wherein the property in controversy does not exceed fifty dollars,” is not a restriction, even by implication, to forbid conferring jurisdiction where damage and not property, is in controversy.</p> <p>8. Section 888 of The Code authorizing action for “damages” not exceeding fifty dollars to property, though the property be of greater value, does not contravene Section 27 of Article IV of the Constitution, and is authorized by Section 12 of said Article.</p> <p>4. A Justice of the Peace has jurisdiction of an action for damages not exceeding fifty dollars for injury to personal property, though such property be of greater value than fifty dollars.</p> <p>Faircloth, C. J., and Montgomery, J., dissent.</p>