Louisville & Nashville Railroad v. McCollister

Citations

• 66 Miss. 106

Syllabus

<p>1. Justice of the Peace. Several suits; judgment by default without service in all.</p> <p>Where three distinct claims in favor of one plaintiff against the same defendant are filed with a justice of the peace for suit, and separately docketed, but summons for the defendant is served and he appears in but one case, the court does not thereby obtain jurisdiction of the defendant, so as to-render judgment in the other two cases without defendant’s consent.</p> <p>2. Judgment without Appearance. Appeal. Jurisdiction of appellate court.</p> <p>If in such case judgment is rendered against the defendant in the only suit in which he appears, and, upon his declining to appear in the other two suits,, the justice renders judgment by default against him in the same judgment', for the amount of these two claims, and from the judgment for this aggregate sum an appeal is taken to the circuit court, that court should try anew only the suit in which the defendant appeared.</p> <p>3. Consolidating Suits. Improper where amount consolidated exceeds jurisdiction. A justice of the peace has no power to consolidate separate and distinct suits. upon liis docket between the same parties, where the aggregate of the demands exceeds one hundred and fifty dollars.</p> <p>4. Supreme Court Practice. Remittitur.</p> <p>Where a judgment covering several distinct demands, originating in the justice of the peace court, is appealed from to the supreme court, and found correct as to only one of the demands, but void as to the others for want of jurisdiction over them, and it is impossible to ascertain what part of the costs in the lower court pertains to the claim that is sustained, the supreme court will not allow a remittitur because it cannot know how to justly apportion the costs.</p>