Murphy v. City of Meridian

Citations

• 103 Miss. 110
• 60 So. 48

Syllabus

<p>1. Courts. Chancery. Transfer of causes. Concurrent jurisdiction. Constitutional law. Mutual accounts. Municipal corporations. Change of street grade. Measure of damages.</p> <p>Under Constitution 1890, section 162, so providing, where a case is brought in the chancery court whereof the circuit court has exclusive jurisdiction, the ease should not be dismissed but transferred to the circuit court.</p> <p>2. Equity. Concurrent jurisdiction: Constitutional law'. Mutual accounts.</p> <p>Section 161, Constitution 1890, applies to causes whereof the circuit and chancery courts have concurrent jurisdiction, in which event, should it appear to the circuit court that the “accounts to be investigated are mutual and complicated,” that court may on application of the defendant transfer the cause to the chancery court, but this section has no application to a suit for damages caused by the laying of a pavement and change of grade in which it is alleged that it was necessary for plaintiff to raise her residence, surface her yard, etc., as in such case there are no such mutual and complicated accounts to be investigated as is contemplated by said section.</p> <p>3. Appeal and Error. Reversal. Mistake as to common law or equity jurisdiction. Constitution 1890, section lj.7.</p> <p>Section 147, Constitution 1890, providing that the supreme court may not reverse or amend a decree “for any error or mistake as to whether the cause in which it was rendered was of equity or common law jurisdiction,” only applies where the court below had assumed jurisdiction of the cause and granted or denied relief, but has no application where the court below decided to decline jurisdiction at the start and dismissed the ease, because of want of jurisdiction.</p> <p>4. Municipal Corporations. Change of grade. Measure of damages. Evidence.</p> <p>In a suit for damages against a municipal corporation for changing the grade of a street, evidence of the cost of raising plaintiff’s residence, surfacing