N. O., J. & G. N. R. R. Co. v. Evans

Citations

• 49 Miss. 785

Syllabus

<p>■ 1. Practice — Motion to Dismiss — Jurisdiction of Justice of the Peace. — Appeals from a justice’s court shall be tried de novo. If the action was brought before a magistrate not having jurisdiction, the circuit court shall reverse the judgment if for plaintiff, and shall dismiss the cause. If the defendant bo the appelJant, and judgment be for the plaintiff in the original suit, 10 percent, damages shall be included in the judgment, that if judgment be for the defendant he shall recover full costs. Provided, That on such appeals, whoa the amount in controversy shall exoeed $20.00 the parties, or either of them, shall be entitled to a trial by jury; and, in all such eases, when the amount in controversy exceeds $50.00, either party shall be entitled to an appeal or writ of orror to the supreme court. See Rev. Code, 1871, § 1834.</p> <p>2. Same — Appeal to the Supreme Court. — If the amount in controversy, giving ■the parties tho right to a jury has reference to the debt, demand, or damages in lit* igation between tho parties, and not to the costs or per dent, added to the recovery, then certainly, the amount in controversy, giving tho right to a writ of error must exclude the costs and per cent, allowed by the statute, upon the recovery, and include only the subject matter of the dispute, whether debt, claim, demand, damages, oí whatever called.</p>