Opinion

Ellis v. . Perley

  • 200 N.C. 403
  • 157 S.E. 29
  • 1931 N.C. LEXIS 340
Court
Supreme Court of North Carolina
Filed
Feb 25, 1931
Status
Published
Author
Stacy
On the bench
Clarkson, Connor
Cited by
8 cases
Authority
More cited than 11.7%

The opinion

*405 Stacy, C. J.,

dissenting: I think the question of jurisdiction over the subject of the action is properly presented by the defendant’s demurrer and should be decided, even though it challenges the validity of the statute which confers civil jurisdiction on the General County Court of Buncombe County. Williams v. Williams, 188 N. C., 728 , 125 S. E., 482 ; Provision Co. v. Daves, 190 N. C., 7 , 128 S. E., 593 ; McIntosh’s N. C. P. & P., pp. 56 and 448; Clark on Code Pleading, 358. See, also, Motor Co. v. Reaves, 184 N. C., 260 , 114 S. E., 175 . But in deference to the contrary view of the majority, I withhold any opinion on the validity of said statute.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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