Heggie v. Stone

Citations

• 70 Miss. 39

Syllabus

<p>1. Constitutional Law. Mayor as ex officio justice of the peace. Jurisdiction.</p> <p>Under constitution I860, providing for the election in each comity, by districts, of a competent number of justices of the peace, it was not in the power of the legislature to_ give the mayor of a town the jurisdiction of a justice as to that part of the justice’s district outside the town.</p> <p>2. Jurisdiction. Waiver. Appeal to circuit court. Code 1880, § 2354.</p> <p>When, by a town charter, the jurisdiction of a justice for the entire district is attempted to be vested in the mayor, one residing outside the corporate limits, though within the district, who is sued before such officer, does not, by appearing and defending on the merits, waive the right to urge in the circuit court, on appeal, the want of jurisdiction, since ji 2354, code 3880, provides for a trial de novo on appeal, and requires the circuit court to dismiss causes where the justice had no jurisdiction.</p>