Wilson v. Simonton, 8 N.C. 482, 1 Hawks 482 (1821)

Dec. 1821 · Supreme Court of North Carolina

8 N.C. 482, 1 Hawks 482

Wilson v. Simonton.

From Iredell.

The act of Assembly, increasing- the jurisdiction of a justice of tin-peace to $100, is not inconsistent or incompatible with the Const! ■ tution of the State.

This was an action of debt originally brought in Ire-dell County Court for twenty-five dollars, to which Defendant pleaded in abatement, pursuant to the act of 1820,^* there was a demurrer to the plea. Demurrer overruled, and plea sustained. The Superior Court, on appeal, also overruled the demurrer, and sustained the plea; and Plaintiff, by his appeal, presented the question to this Court.

* Be it enacted, &c. that the jurisdiction of justices of the peace within this Slate be, and is hereby extended to all sums due on bonds, notes, and liquidated .accounts, not exceeding one hundred dollars.

Be it enacted, &c. that all-suits hereafter commenced in the Superior or County Courts in this State, on any! .bond, promissory note, or liquidated account, for a less sum than one hundred dollars, shall be abated on the plea of the Defendant.

Per Curiam.

The question made in this case, was decided in 1811, on argument and consideration, in the case of Keddie v, Moore, (2 Murph. 41,) and we see no reason to disapprove the judgment. There must be judgment for the Defendant.