20 S.E. 184 | N.C. | 1894
It has been repeatedly held that if in an action before a justice of the peace there are two causes of action, of one of which the justice has jurisdiction and of the other he has not, the justice (84) can proceed to try the first, treating the latter as surplusage. Manufacturing Co. v. Barrett,
The defendant Cooper was not adjudged by the justice to pay any costs or judgment to the plaintiff. The judgment of the Superior Court is only against the defendant Cotten for $70.80 and costs, and should be affirmed. A nonsuit seems to have been taken as to Cooper.
Affirmed.
Cited: McPhail v. Johnson, post, 302; Hargrove v. Harris,
(86)