State v. Luckey

Citations

• 51 Miss. 528

Syllabus

<p>1. Justice of the Peace: Suit on hond — Jurisdiction of a justice of the peace in suits on the hond of another justice of the peace.</p> <p>Where a justice of the peace enters into an official bond in the penalty of $2,000, conditioned according to law, and suit is brought for damages for a breach of the conditions of such bond, the amount of the damages claimed, and not the penalty of the bond, is the criterion of jurisdiction. The action is not upon the bond for a sum certain, but the suit is brought' to recover damages for an act in the nature of a tort.</p> <p>2. Same : Same : Gase in judgment.</p> <p>M. brought suit on the official bond of L., a justice of the peace of Colfax county, for $150, for an alleged breach of his official bond. The proceeding was instituted before C., another justice of the peace. Plaintiff recovered a judgment for $100. On appeal to the circuit court, the case, on motion, was dismissed for want of jurisdiction in the justice of the peace who tried the case. Held, that it was error to dismiss the case. The justice of the peace had jurisdiction in the case. The penalty of the bond is not the criterion of the jurisdiction of the justice of the peace. The amount of damages claimed ($150) is the criterion, and of that amount the justice of the peace has jurisdiction.</p>