Williams v. Williams

• Decision Date: 10 December 1924
• Docket Number: 357.
• Citation: 125 S.E. 482,188 N.C. 728
• Parties: WILLIAMS v. WILLIAMS.
• Court: North Carolina Supreme Court

125 S.E. 482

188 N.C. 728

WILLIAMS v. WILLIAMS.

No. 357.

Supreme Court of North Carolina

December 10, 1924

Appeal from Superior Court, Alleghany County; Bryson, Judge.

Action by Lillie Williams against Arthur Williams, administrator of J. A. Williams, Jr., deceased. Judgment for plaintiff, and defendant appeals. Reversed.

The plaintiff alleges that the defendant is the administrator of J. A. Williams, Jr., deceased; that the intestate at the request of his sister Bessie Williams, who was ill with influenza in the plaintiff's home, went there to wait upon his sister, and two days after his arrival contracted the disease himself, and died on December 25, 1922, from the combined effects of influenza and tuberculosis; that a few days later the physician who had attended the deceased advised and directed the plaintiff to burn all the bed clothing that had been used by the deceased during his sickness, the value of which was $92.50; that the deceased was indebted to the plaintiff in the sum of $12 as the balance due for a horse, and in the sum of $36 for board that the house in which the intestate died has become infected with tubercular germs, and is now unfit for habitation; that she has occupied it since January 5, 1923 that prior to the time the deceased was taken sick the house was worth $2,500, and that the plaintiff has been damaged in this amount; and that she has demanded payment of $2,650.50 etc.

The defendant demurred on two grounds: (1) The allegations with respect to the destruction of the bedclothing and the damage to the dwelling do not constitute a cause of action. (2) The other items are within the jurisdiction of a justice of the peace and not within that of the superior court.

Where defendant's intestate came to plaintiff's home to wait on his sister, who was ill with influenza, contracted the disease himself, and died from influenza and tuberculosis, and attending physician advised and directed plaintiff to burn all bedclothing and house became infected with tuberculosis germs, plaintiff had no cause of action in absence of trespass or negligence.

Doughton & Higgins, of Sparta, for appellant.

Rush Floyd Crouse, of Sparta, and T. C. Bowie, of Jefferson, for appellee.

ADAMS J.

The General Assembly is authorized to distribute among the other courts prescribed in the Constitution that portion of the judicial power and jurisdiction which does not pertain to the Supreme Court. Const. art. 4, § 12. Under this provision the superior court is given original jurisdiction of all civil actions whereof exclusive original jurisdiction is not given to some other court. C. S. § 1436. Justices of the peace have jurisdiction of civil actions founded on contract wherein the sum demanded does not exceed $200, and wherein the title to real estate is not in controversy. Const. art. 4, § 27.

If the action be ex contractu, and the sum demanded does not exceed $200, a justice of the peace has jurisdiction, and the question of jurisdiction is determined by the sum which is demanded in good faith. When the complaint shows that the sum actually in dispute is less than $200, a mere demand for more than this sum will not confer jurisdiction upon the superior court. Froelich v. So. Ex. Co., 67 N.C. 1; Moore v. Nowell, 94 N.C. 266; Brantley v. Finch, 97 N.C. 92, 1 S.E. 535; Bowers v. Railroad, 107 N.C. 721, 12 S.E. 452; Knight v. Taylor, 131 N.C. 84, 42 S.E. 537; Teal v. Templeton, 149 N.C. 32, 62 S.E. 737; Petree v. Savage, 171 N.C. 437, 88 S.E. 725; Brown v. Taylor, 174 N.C. 423, 93 S.E. 982, L. R. A. 1918B, 293; King Shoe Co. v. Wiseman, 174 N.C. 716, 94 S.E. 452.

The exercise of good faith as a factor in determining jurisdiction of necessity implies the existence and the statement of a legal or equitable cause of action. Where there is no cause of action there cannot be an exercise of good faith for jurisdictional purposes. The word "jurisdiction" as applied to courts imports...