Ford v. Ford Moulding Co.

Winborne, J. Defendants challenge the jurisdiction of a court of a justice of the peace in this proceeding, and assign as error the denial of their motions for judgment as of nonsuit. The jurisdiction of a justice of the peace in civil action for recovery of possession of real estate is entirely statutory, and is derived from the landlord and tenant act providing for summary ejectment. Article 3 of Chapter 42 of the General Statutes of North Carolina. Such jurisdiction may be exercised only in cases where the relationship of landlord and tenant existed within the terms and meaning of this act, and where the tenant holds over after the expiration of the term. See Simons v. Lebrun, 219 N.C. 42, 12 S.E. 2d 644, and cases there cited. Testing the evidence in the present case by this principle it is clear that the relationship of landlord and tenant existed between plaintiff as lessor and defendant, Ford Metal Moulding Company, as lessee, and that the lessee holds over after the expiration of the term fixed by the written lease. Hence the court of a justice of the peace would have jurisdiction as to who is entitled to the possession. This is the question presented here. But on the record on this appeal, the rights of the parties in respect of improvements, if any, put upon the property by lessee, whatever may be their nature and character, are not presented, — and as to such rights we make no decision. However, on this record it would seem, after due consideration of the questions presented, that there is sufficient evidence to take the case to the jury and to justify and support the verdict rendered. Hence in the judgment below, we find No error.