Bell v. City of West Point

Citations

• 51 Miss. 262

Syllabus

<p>1. Justice op the Peace : Civil jurisdiction. Oode of 1871, § 1302.</p> <p>Tbe constitutional limitation of the jurisdiction of a justice of the peace to causes, when the principal of the amount in controversy does not exceed '¡¡U.50 (art. 6, sec. 23), is not a limitation to actions ex contractu, and it is competent for the legislature to confer jurisdiction in all cases where the subject of controversy is susceptible of pecuniary measurement, within the constitutional limitation. That portion of sec. 1302 of code of 1871, giving jurisdiction of actions for the recovery of personal property or damages, etc., is not unconstitutional. Peyton, J., dissenting.</p> <p>2. Municipal Corporations : Liability for defective streets., etc.</p> <p>It is well settled that in the absence of any express statute imposing the duty and declaring the liability, municipal corporations having the powers ordinarily conferred upon them respecting streets, etc., are liable in a civil action for special injuries resulting from defective streets, etc. Peyton, J.</p>