Askew v. Askew

Citations

• 49 Miss. 301

Syllabus

<p>1. Justice of the Peace — Jurisdiction.—1The statute provides that justices of the peace shall have jurisdiction of all actions for the recovery of debts or damages or personal property, where the principal of the debt, the amount of the demand, or the value of the property sought to be recovered, shall not exceed one hundred and fifi y dollars. Code of 1871, § 1302. Where A. brought suit in the justice’s court to recover amule from A., and the justice of the peace gave judgment for plaiutiif for $150.00, and the defendant appealed to the circuit court, and, on the trial there, tho proof showed that the ni ule was worth $200.00; the circuit court dismissed the case for want of jurisdiction in the justice’s court. Held: That the circuit court ruled correctly.</p> <p>2. Same -Same_The circuit court has no more jurisdiction on an appeal from a justice, than the justice had, unless given by statiite. Schofield v. Penson, 4 Cush., 409; Crapoo v. Grand Gulf, 9 S. & M., 205.</p> <p>3. Same — Same.—Whore the claim of the plaintiff exceeds the jurisdiction of the justice of the peace, he cannot remit a portion of it, with a view to give jurisdiction to the justice of the peace, nor can he divide his account, though composed of various items, so as to bring it within that jurisdiction. Grayson v. Williams, Walker, 298.</p>