Alexanderv.Bateman

Court of ConferenceJan 1, 1800
1 N.C. 248 (N.C. 1800)

(Spring Term, 1800.)

Proceedings before a single justice cannot be brought before the county court by certiorari or other writ. They can come before it only by appeal.

This was a writ of error, brought in the Superior Court of Law for the District of Edenton, to reverse the judgment of the county court of Tyrrell, in a cause between the above-mentioned parties.


The record states that the plaintiff, Alexander, sued out a warrant against the defendant, returnable before one of the Justices of Tyrrell County; "pending the warrant, Bateman applied to the Court to have the proceedings brought before them, which was ordered and accordingly done"; and at a Court held for that county, October Term, 1797, a jury was impaneled who found for the defendant; on which the plaintiff prayed a writ of error, and assigned the following errors, to wit: "That by the laws of the land the county courts of pleas and quarter sessions have no power to grant writs of supersedeas, certiorari, mandamus, or false judgment, or in any other manner to remove or correct the judgment, sentence, or decree of any justice of the peace (out of session) except by appeal, which the Court in this instance has undertaken to do. Wherefore the said Abner prays," etc. The defendant pleaded "in nullo est erratum."


The judgment and proceedings of the county court should be reversed and set aside, having no jurisdiction, such as they have exercised in this case.


There is no power given to the county courts to (249) direct proceedings had before magistrates, to be brought before them; their jurisdiction is confined to specified and enumerated objects; if it is extended beyond these in one instance, it will be difficult to fix the point where it shall stop.

The regulations which are made relative to appeals from the judgment of a magistrate, will be rendered nugatory by this novel mode of proceeding. Whatever is claimed to be within the jurisdiction of an inferior court ought to be plainly shown, as in pleading, nothing shall be intended within its jurisdiction unless it be expressly alleged.


The county court have exceeded their jurisdiction. Let their judgment be reversed.

Judgment reversed.

Cited: Barham v. Perry, 205 N.C. 430.