Legal Opinion

Cain v. Simpson

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 9 opinions

Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. C. A. Simpson, the defendant in error, was sued in Chickasaw County, before a justice of the peace. The defendant was a resident householder in Monroe County, but was on a visit in Chickasaw when the suit was brought and summons served upon him. The debt sued on was contracted in the district of the justice of the peace before whom suit was instituted.

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Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. C. A. Simpson, the defendant in error, was sued in Chickasaw County, before a justice of the peace. The defendant was a resident householder in Monroe County, but was on a visit in Chickasaw when the suit was brought and summons served upon him. The debt sued on was contracted in the district of the justice of the peace before whom suit was instituted. The defendant appeared and filed his affidavit, stating that he was “ a householder and resident citizen of Monroe County' and that he did not reside in Chickasaw County,”…

1Opinion of the CourtSimrall, C. J.

C. A. Simpson, a householder and resident citizen of Mon*524roe County, being in Chickasaw County, was there sued before a justice of the peace. He moved to dismiss the cause for want of jurisdiction. The motion was overruled, and judgment quod recwperit entered against him. He appealed to the Circuit Court, and there renewed the motion, which was sustained ; and to that judgment this writ of error has been sued out.

The civil jurisdiction of justices of the peace is defined in §§ 1302, 1303, Code of 1871; the former defines the subjects, the latter the territorial limits. It “ shall be…

2Cited by9 opinions

  1. Arnett v. Carol C. & Fred R. Smith, Inc.Mississippi Supreme Court · 1932
  2. Turner v. WilliamsMississippi Supreme Court · 1932
  3. Gillard v. Great Southern Mtg. & Loan Corp.Mississippi Supreme Court · 1978
  4. Bryant v. LovittMississippi Supreme Court · 1957
  5. Mississippi Cent. R. Co. v. CalhounMississippi Supreme Court · 1925

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