N. O., J. & G. N. R. R. Co. v. Evans
Mississippi Supreme Court
Error to the circuit court of Hiuds county. Hon, Geo. F. BbowN, Judge. The facts in the case are sufficiently stated in the opinion of the court.
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Error to the circuit court of Hiuds county. Hon, Geo. F. BbowN, Judge. The facts in the case are sufficiently stated in the opinion of the court. It is assigned for error, that the court below erred in overruling the demurrer to the evidence, filed the following motion to dismiss: 1. “Motion by defendant in error to dismiss this case be* cause this court has no jurisdiction of the same. 2. Because this case was adjudicated before a justice of the peace, when defendant in error obtained a judgment for $50, only. Plaintiff in error, appealed to the circuit court, where judgment below was…
1Opinion of the CourtTabbell, J.
Motion to dismiss. Evans sued the company before a justice of the peace to recover the value of a cow, killed by the cars of the defendant. The sum demanded by the pleadings-and by the-account filed with the declaration,was $75. .It is stated in the transcript of the magistrate, filed in the circuit court on appeal, as follows: “ William Evans v. N. O. J. & G. N. R. R. Action of damages. Sum demanded, $50.” Judgment was rendered by the justice of the peace, for $ 60, damages, and “ costs of suitbut costs are not taxed, *787and the amount of costs are not known. In the circuit court, there was no…
2Cases cited1 opinion
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
3Cited by4 opinions
- Jackson v. WhitfieldMississippi Supreme Court · 1875
- Catchot v. RussellMississippi Supreme Court · 1931
- Cantrell v. PeughMississippi Supreme Court · 1927
- James v. Williams Furniture Co.Mississippi Supreme Court · 1931