Wimbush v. Chinault

Citations

• 58 Miss. 234

Syllabus

<p>Appeal. To Supreme Court. Jurisdiction. Amount of ¡judgment.</p> <p>If a plaintiff in the Circuit Court, upon an appeal from a justice of the peace’s court, having obtained a verdict for more than $50, exclusive of costs, should remit the excess over $50, for the purpose of preventing an appeal to this court, the defendant would not be deprived thereby of his right to appeal. But where, upon a motion for a new trial in such case, made before judgment, the plaintiff enters such remittitur, not for the purpose of preventing an appeal, but because of the opinion expressed by the judge that the verdict is excessive and unjust so far as it exceeds $50, this court has no jurisdiction of a writ of error to the judgment rendered in accordance with the verdict as corrected, for the reason that the amountof the judgment does not reach the jurisdictional minimum prescribed by statute. A remittitur, in such case, entered after judgment would not prevent an appeal, as the jurisdiction of this court depends upon the amount of the judgment rendered.</p>