Roberts v. Gay

Citations

• 114 Miss. 627
• 75 So. 439

Syllabus

<p>1. Dismissal and Nonsuit. Jurisdictional question. Overvaluation of , property.</p> <p>Under Code 1906, section 706, so providing, if a suit shall he brought in the circuit court, with a false valuation of the property involved on purpose to confer jurisdiction, the plaintiff shall be nonsuited; but the court is not authorized to dismiss the action unless it manifestly appears that the overvaluation was intentionally made for the purpose of obtaining jurisdiction, and was not a reasonable and bona-fide estimate of the value of the property sued for.</p> <p>2. Same.</p> <p>Prom the evidence as set out in this record the court held that there was such a dispute in the testimony as to value of the property involved, as that it could not have manifestly and palpably appeared to the trial judge that the overvaluation if such there was, was intentionally made by the plaintiff in order to obtain jurisdiction and hence the case should not have been dismissed on that account.</p>