S. Bernheimer & Sons v. Martin

Citations

• 66 Miss. 486

Syllabus

<p>1. Jurisdiction. Justice of the peace may try claimant’s issue though value of property exceeds one hundred, and fifty dollars.</p> <p>When an execution issued by a justice of the peace is levied upon property which is claimed by a third person, the justice has jurisdiction to try the claimant’s issue, although the value of the property exceeds one hundred and fifty dollars.</p> <p>2. Replevin. Not maintainable if claim can be interposed.</p> <p>Accordingly an action of replevin is not maintainable for property thus seized. Code 1880, g 2633.</p> <p>3. Dismissal oe Replevin Suit. Damages. Writ of-inquiry awarded.</p> <p>An action of replevin, instituted in the circuit court for property seized under an executiqn issued by a justice of the peace, should be dismissed, and a writ of inquiry awarded to ascertain defendant’s damages, as provided in g 2623, code 1880.</p> <p>4. Jurisdiction of Justices of the Peace. Art. vi, g 23, constitution, construed.</p> <p>The trial of a claimant’s issue is not a “cause,” within the meaning of g 23, art. vi, of the constitution of this state, which limits the jurisdiction of justices of the peace to causes in which the principal of the amount in controversy shall not exceed one hundred and fifty dollars. Such trial is a mere incident to the exercise of the undoubted jurisdiction of the justice.</p>