· 3/15/1902

Nations v. Lovejoy

Citations

  • 80 Miss. 401

Syllabus

<p>1. Justices of the Peace. Appeals to drcidt eourrt. Appeal bonds. Code 1893, § 91. Amendments. Wrong circuit court district.</p> <p>Where a bond for appeal from a justice’s court to the circuit court of a county having two judicial districts recites an appeal to the circuit court of the wrong district, the same may be amended, , under code 1893, £ 91, authorizing the amendment of such appeal bonds, by leave of the circuit court of the proper district.</p> <p>3. Statutory Penalty. Double Damages'. Repeals. Amendment.</p> <p>Upon amendment of a statute authorizing the recovery of double damages so as to.limit recovery to specified actual damages, the plaintiff in a pending suit for double damages can recover only the damages authorized by the amendment.</p> <p>3. Same. Code 1892, § 1068. Laws 1900, p. 140. Untieing servants or tma/nts.</p> <p>The plaintiff in a suit brought under code 1892, § 1068, for enticing away his laborers or tenants, cannot recover the double damages demanded when, pending suit, his recovery has been by statute (Laws 1900, p. 140) limited to all advances made to the laborer or tenant, and such damages as he has sustained from the wrongful enticement.</p> <p>4. Same. Constitutional law. Constitution 1890, see. 61.</p> <p>Under the constitution 1890, sec. 61, requiring the section of the law amended to be inserted at length in the amendment, chapter 102, laws 1900 (Laws, p. 40), repealed the double damages feature of code 1892, § 1068, since that feature is omitted from the statute as re-enacted.</p>

Judges: Terral

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