Legal Opinion

State v. Luckey

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 3 opinions

Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. This was a suit instituted by Malone against Luckey, a justice of the peace, for damages which he alleged to have sustained by a breach of the conditions of his official bond. The suit was brought before Coggins, a justice of the peace, for $150 damages.

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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. This was a suit instituted by Malone against Luckey, a justice of the peace, for damages which he alleged to have sustained by a breach of the conditions of his official bond. The suit was brought before Coggins, a justice of the peace, for $150 damages. The case was tried, and resulted in a judgment for plaintiff for $100. An appeal was taken to the circuit court, where a motion was made to dismiss the case upon the ground that the justice of the peace had no jurisdiction of the case. The motion was sustained by the circiut…

1Opinion of the CourtTarbell, J.

Suit before a justice of the peace, upon the official bond of another justice of the peace, for breach of the conditions of such bond.

The bond is in the penalty of $2,000; damages claimed, $150. There was recovery before the justice and a jury for $100, and then an appeal to the circuit court, where the suit was dismissed, on motion of defendants, on the ground that the justice had not jurisdiction in such case. Hence a writ of error.

The only ground relied upon to reverse the judgmenkis the action of the court in dismissing the cause for want of jurisdiction in the j ustice of the peace.

The…

2Cases cited6 opinions

  1. Boomer v. LaineNew York Supreme Court · 1833
  2. Wetherill v. Inhabitants of Congressional TownshipIndiana Supreme Court · 1840
  3. State on Rel. of Fell Bro. v. . Porter .Supreme Court of North Carolina · 1873
  4. A. McDowell & Co. v. MorganSupreme Court of Missouri · 1863
  5. Sims v. HarrisCourt of Appeals of Kentucky · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Continental Casualty Co. v. CrookMississippi Supreme Court · 1930
  2. Rawles v. People ex rel. CornforthColorado Court of Appeals · 1892
  3. Rawles v. People ex rel. CornforthColorado Court of Appeals · 1892

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