Cazeneuve v. Curell

Citations

• 70 Miss. 521

Syllabus

<p>1. Chancery Jurisdiction. Const. 1890, § 161. Action of trespass.</p> <p>Section 161, constitution 1890, giving the chancery court jurisdiction concurrent with the circuit court “of suits on bonds oí public officers for failure to account lor money or property received, or wasted or lost by neglect,” does not confer on such court jurisdiction oí a suit on the bond oí a sheriff who has made an excessive levy oi attachment on personal property, a part of which is destroyed while in his custody. Although discovery is asked as to the articles destroyed, this is simply an action of damages for trespass, cognizable only at law.</p> <p>2. Same. Const. 1890, ? 147. Supreme court. Inability to reverse.</p> <p>But, under \\ 147 of the constitution, which forbids the reversal of any judgment or decree on the ground of a want oí jurisdiction arising from error as to whether the cause is of equity or common law jurisdiction, if the chancery court, though erroneously, assumes jurisdiction of such action of trespass, the supreme court is powerless to interiore.</p> <p>3. Same. Const. 1890, § 147. Hot confined to final decrees.</p> <p>This restriction upon the power of the supremo court to reverse is not confined to final judgments or decrees, but applies also to appeals from interlocutory orders or decrees where the question of jurisdiction is directly raised.</p>