Opinion
June Term, 1821.
The act of Assembly increasing the jurisdiction of a justice of the peace to $100 is not inconsistent or incompatible with the constitution of the State.
THIS was an action of debt, originally brought in IREDELL County Court, for $25, 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, etc., that the jurisdiction of justices of the peace within this State be, and is hereby extended to all sums due on bonds, notes and liquidated accounts, not exceeding one hundred dollars.
Be it enacted, etc., that all suits hereinafter 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.
The question made in this case was decided in 1811, on argument and consideration, in Keddie v. Moore, 6 N.C. 41, and we see no reason to disapprove the judgment. There must be judgment for the defendant.
(483)