Morris v. Shryock

Citations

• 50 Miss. 590

Syllabus

<p>1. Attachment — Justice of the Peace — Jurisdiction. — Where M. sued out two attachments against S. & Go., on two promissory notes, one for $112.70, and the other for $139.28, making the sum of $251.98: held, that the plaintiff could not divide liis claim so as to bring it within the jurisdiction of a justice of the peace, and that the justice of the peace had no jurisdiction of the case. Such a division of a claim is prohibited by the law, in order to prevent a multiplicity of suits and unnecessary accumulation ot costs. Const., art. 6, section 23; Grayson v. Williams, Walker, 298; Scofield v. Pensons, 4 Cushman, 402.</p> <p>2. Same — Circuit Court — Certiorari. — When a cause is brought by eerUoratri from a justice’s court, to the circuit court, the court shall be confined to the examination of questions of law arising or appearing on the face of the record and proceedings, and in case of affirmance of the judgment of the justice, the same judgment shall be given as on appeals. In case of a reversal, the circuit court shall enter up such judgment as the justice ought to have entered, if the same is apparent, or may then proceed to try the cause anew on its merits. Rev. Code, 1871, § 1336.</p> <p>3. Same — New Triad by Justice’s Court. — Where the attachment is sued out and levied, and a third party claims the goods, and tenders an issue, and upon that issue the jury found for the defendant, and the justice of the peace sets aside the verdict and grants a new trial: held, that the justice had no power to set aside the verdict and grant a new trial; and even if that court possessed such power, it is not such a judgment as could he removed to the circuit court by appeal or certiorari, being only an interlocutory order in the progress of the cause. Where there is a verdict in a justice’s court, in a case in which he has jurisdiction, it is his duty to enter judgment on such verdict, and his action in setting aside the verdict and granting a new trial is simply void