28 N.C. 369 | N.C. | 1846
We have examined this case, and we concur with his Honor, that the judgments rendered and the executions issued by the Justice against Hinton, were-good in law. Each of the warrants on its face appears to be for a debt due by note, and each note within the jurisdiction of a Justice. The defendant in these warrants, being summoned, appeared and confessed that he owed the debts in manner and form as was stated in each of the warrants. After this confession, the Justice had nothing further to do, btit to render judgments against Hinton, upon his confession,'that he,v was indebted to the plaintiff in the manner and form as stated in each of the warrants. It being a rule of law, that what is admitted need not be proved, the Justice was bound to give judgment for the plaintiff, without any other proof of the execution by Hinton of the two notes, mentioned in the face
Although the relators might have an action against Belvin on his engagement to divide the debt, so as to take two judgments for it, yet they could not recover on his official bond for neglecting to collect the note for §158 80. For the construction of the act, Rev. St. e. 24, s. 7, is, that a constable’s sureties are responsible for his faithfulness in such agencies, and such only, as relate to debts Avhich might be recovered by suit before a single magistrate j which is not the case with this bond.
To get clear of that difficulty, the relators say that their “debtor, Hinton, gave two new notes in the place of the old one, on each of which, the one for §80, and the other for §78 80, he confessed a judgment; and that it was the duty of the constable to collect those judgments, and for his neglecting to do so that his sureties are liable. Of that opinion are my brethren; and it is my misfortune again to think by myself.
The point depends upon the question, whether the justice of the peace had jurisdiction in the cases ; for, if he had not, they were coram non jtulice, and the judgments had no efficacy. It appears to me that the justice had no jurisdiction. In the first place, it is absolutely false that two new notes were given for sums within the jurisdic-diction of a magistrate, as supposed in the warrants. In point of fact, two warrants were brought for different parts of the money due on one bond, which, in the whole.
' The act says that “ debts due on bonds, when the principal does not exceed $ 100, shall be cognizable and determinable before one justice of the peace out of Coui-t.” Larger debts due on bonds are not cognizable before him ; and if he assume a jurisdiction over such, his acts are void. On no proof that could have been offered in this case, consistent with the truth, could the justice have given a valid judgment for the relators. But it is said, that proof was dispensed with by the confession of the judgments by the debtor, and that thereby he admitted that such bonds were given, as were stated in the warrants, and concluded himself as to that point. But I think the confession makes no difference, in respect of the point of jurisdiction; for it was still a judgment of the justice, that the sum for which it was rendered, was due upon a bond for that amount. The confession dispensed with proof of the bond by witnesses. But it could not dispense with the production of the bond — of some instrument purporting to be a bond — of Hinton, for a sum within the justice’s jurisdiction, as supposed in. the warrant; for the jurisdiction is of debts of $100 or under, due on bonds, that is, on bonds actually existing. An admission to that effect, contrary to the fact, in order to give a jurisdiction to a justice, cannot enlarge the
Per Curiam. Judgment affirmed.