Western Union Telegraph Co. v. Sullivan
Mississippi Supreme Court
Motion in supreme court to dismiss the appeal. Appellee, W. V. Sullivau, brought an action against appellant, the Western Union Telegraph Co., in a justice court of Lafayette county, to recover the sum of twenty-five dollars, the statutory penalty prescribed by the act of 1886 (Laws, p. 91) for failure to promptly transmit and deliver a telegram. There was a judgment for plaintiff' in the justice court, and also in the circuit court, on appeal, for the said amount.
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Motion in supreme court to dismiss the appeal. Appellee, W. V. Sullivau, brought an action against appellant, the Western Union Telegraph Co., in a justice court of Lafayette county, to recover the sum of twenty-five dollars, the statutory penalty prescribed by the act of 1886 (Laws, p. 91) for failure to promptly transmit and deliver a telegram. There was a judgment for plaintiff' in the justice court, and also in the circuit court, on appeal, for the said amount. Thereupon, defendant appeals to this court, contending that § 2354, code 1880, which grants the right of appeal to the supreme…
1Opinion of the CourtCampbell, C. J.
Section 1302 of the code of 1871 (§ 2190, code of 1880 • 2394, code of 1892), embraces, in terse and comprehensive language, all of the jurisdiction conferred on justices of the *449peace by art. 7, p. 405, of the code of 1857, differing only as to amount in controversy. The language of the clause, “founded on any penal statute,” contained in the code of 1857, was left out of that of 1871, not to deprive justices of the peace of such jurisdiction, but because it was unnecessary to retain this language, in view of the very comprehensive terms employed by the section, which was manifestly designed…
2Cited by1 opinion
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