Summary
In Jones v. Jones, 14 N.C. 360, it is held, that a judgment rendered by a justice of the peace for a larger sum than he had jurisdiction, is void.
Summary of this case from NOVILLE v. DEWOpinion
(December Term, 1832.)
A judgment of a single magistrate for a sum above his 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 23 May, 1831. The plaintiff declared upon a former judgment which was dated 10 March, 1827, and was for "$75, with interest from 25 December, 1818." At the trial on the last (361) spring circuit, before Daniel, J., at WAKE, a verdict 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, ch. 9, giving justices of the peace jurisdiction where the principal and interest exceeds $100 was not void.
Devereux for plaintiff.
W. H. Haywood contra.
His Honor being of opinion with the defendant, set aside the verdict and entered a nonsuit, from which the plaintiff appealed.
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 affirmed.
Cited: Morgan v. Allen, 27 N.C. 157; Branch v. Houston, 44 N.C. 88; Dalton v. Webster, 82 N.C. 282; Noville v. Dew, 94 N.C. 46.