# Board of Commissioners v. Addington

> Supreme Court of North Carolina · January 5, 1873 · 68 N.C. 254

URL: https://www.frixlaw.com/law-library/cases/3658935

## Case

- **Full name:** The Board of Commissioners of Jackson County v. Wm. Addington and Others.
- **Court:** Supreme Court of North Carolina
- **Decided:** January 5, 1873
- **Citations:** 68 N.C. 254
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Boyden
- **Judges:** Boyden
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3658935

## Opinion text

*255
Boyden, J.
His Honor was mistaken in supposing that this was a case for his decision at Chambers. The case should have been placed on the trial, or issue docket, to be tried
de novo,
as has been repeatedly decided in this Court.
It is when the sum recovered against the defendant is less than $25.00, or when the plaintiff’s demand does not exceed that sum, that his Honor is to decide the case at Chambers; but when .the plaintiff’s claim is for more than twenty-five • dollars, as in this case it is for more than eighty dollars, and he recovered nothing, or less than twenty-five dollars, but a judgment is rendered against the plaintiff, the appeal is to be placed upon the trial, or issue docket, to be tried anew in the Superior Court upon the facts, as was decided in the case of
Cowles
v.
Haynes,
67 N. C. Rep. 128 , and the case of
Wells
v.
Sluderi
at this term.
This disposes of the case in this Court, and renders it unnecessary to notice the other points made in the case.
There is error.
This will be certified.
Per Curiam.
Judgment reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3658935. Public record. Not legal advice.