# State Ex Rel. Bryan v. Rousseau

> Supreme Court of North Carolina · June 5, 1874 · 71 N.C. 194

URL: https://www.frixlaw.com/law-library/cases/3673163

## Case

- **Full name:** State on the Relation of R. B. Bryan v. A. L. Rousseau and G. H. Brown.
- **Court:** Supreme Court of North Carolina
- **Decided:** June 5, 1874
- **Citations:** 71 N.C. 194
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bynum
- **Judges:** Bynum
- **Cited by:** 5 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/3673163

## Opinion text

Bynum| Ji
The State on the relation of
Fell & Bro.
v.
Porter et
al, 69 N. C. Reports 140, is decisive [of this case. It is there' held that if the action is on a bond the penalty of which exceeds two hundred dollars, the penalty of the bond is the sum demanded, although the damages claimed for the breach thereof, is less than two hundred
*195
■dollars. Sucli is the construction put upon the Constitution, Art. 4, secs. 13, 33; and Bat. Rev., chap. 80, sec. 13, cannot have the efiect of changing the jurisdiction of the Courts, as fixed by the Constitution. It follows that this action, having been brought on a penal bond for the sum of twelve thousand dollars, before a Justice of the Peace, ought to have been dismissed for want of jurisdiction.
Feb CueiaM. Judgment reversed and action dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3673163. Public record. Not legal advice.