Thompson v. Poe
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by E. P. Poe against Mrs. Ruby Thompson. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The valuation of the property fixed by the affidavit controls the jurisdictional amount, unless it he shown that the plaintiff knowingly and designedly undervalued the property.
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Appeal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by E. P. Poe against Mrs. Ruby Thompson. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The valuation of the property fixed by the affidavit controls the jurisdictional amount, unless it he shown that the plaintiff knowingly and designedly undervalued the property. Neither "the testimony of witnesses nor the finding of the jury that the property had been undervalued in the affidavit is conclusive of this jurisdictional fact, hut the testimony must go…
1Opinion of the CourtReed, J.
This is an action in replevin, brought by appellee as substituted trustee in a justice of the peace court to recover from appellant personal property included in a deed of trust. The judgment of the court of the justice of the peace was in favor of appellee. Appellant appealed to the circuit court, and the verdict and judgment in the trial there was also in favor of appellee. The affidavit and the return by the sheriff on the writ of replevin valued the personal property levied on at the total sum of one hundred and thirty-five dollars. The same valuation was given in the testimony of three…
2Cases cited6 opinions
- Johnson v. TaborMississippi Supreme Court · 1911
- Ball v. SledgeMississippi Supreme Court · 1903
- Porter v. StillMississippi Supreme Court · 1885
- Sharpley v. PlantMississippi Supreme Court · 1901
- Brumfield v. HooverMississippi Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roberts v. GayMississippi Supreme Court · 1917