after stating the case as above, proceeded: The first judgment being for a larger sum than a justice of the peace had jurisdiction of, it is void, and no action can be maintained upon it.
Per Curiam. — Judgment aeeirmed.
Jones v. Jones, 14 N.C. 360, 3 Dev. 360 (1832)
Dec. 1832
·
Supreme Court of North Carolina
14 N.C. 360, 3 Dev. 360
Barnabas Jones v. Minton Jones.
A judgment of a single magistrate, for a sum above liis jurisdiction is void, and no action can be maintained on it.
This suit was originally commenced before a justice of the peace; by a warrant sued out May 23d, 1831. The *361plaintiff declared upon a former j udgment which was d ated March 10th, 1827', and was for “ g 75, with interest from the 25th of December, 1818.” At the trial on the last Spring Circuit, before Daniel, Judge, at Wake, aver-diet was taken for the plaintiff, subject to the opinion of the court upon the question whether the judgment having been rendered before the passage of the act of 1828, c. 9, giving justices of the peace jurisdiction where the principal and interest exceeds g 100, was not void. •
His Honor being of opinion with the defendant, set aside the verdict and entered a nonsuit, from which the plaintiff appealed.
Davereux, for the plaintiff,
cited Littlejohn v. Underhill, (2 Carolina Law Repository, 574.)
W. II. Haywood, contra.