Kansas City, Memphis & Birmingham R. R. v. Mabry

Citations

• 67 Miss. 131

Syllabus

<p>1. Costs. Circuit court. Judgment for less than $150.</p> <p>Section 1497, code I860, which makes the certificate of the judge necessary to carry costs in favor of a plaintiff iu an action begun in the circuit court who fails to recover more than one hundred and fifty dollars, has reference solely to actions ex contractu.</p> <p>2. Costs in Actions Ex Delicto. Circuit court. Code 1880, § 2376.</p> <p>Under the code of 1880, actions ej delicto are governed as to costs by § 2376, and not by § 1497. Therefore in such an action originating in the circuit court, if the plaintiff recover as much as ten dollars, he is entitled to full costs without any certificate from the judge.</p>