Action to recover a debt of [dollars] 100 owed to an owner of a runaway slave, as a penalty from the defendant who harbored the slave. It had been commenced as a warrant before a single magistrate and then went to appeal at the County Court where the plaintiff obtained the verdict. The defendant next appealed to the Superior Court in Duplin county where his counsel objected saying that the magistrate had no jurisdiction of the cause. The plaintiff argued that he did under the Act of Assembly which gave the penalty. Verdict for plaintiff set aside and judgment of nonsuit entered. William Branch then appealed to the Supreme Court. Judgment of nonsuit affirmed. It was ruled that a single magistrate did not have jurisdiction as per the Revised Statutes, chapter 34, section 73. No need for the defendant to enter a plea for abatement. The court was duty bound to stay the motion.
