Ward v. Scott
Mississippi Supreme Court
MotioN to dismiss a writ of error to the Circuit Court of Tate County for want of jurisdiction. The justice of the peace, before whom an action of trover for sixty-nine dollars damages for the conversion of a bale of cotton was brought, rendered judgment for sixty-four dollars against the defendants, N. W. Ward and others, who appealed to the Circuit Court, where a judgment for thirty-eight dollars damages and twenty dollars costs was rendered against them.
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MotioN to dismiss a writ of error to the Circuit Court of Tate County for want of jurisdiction. The justice of the peace, before whom an action of trover for sixty-nine dollars damages for the conversion of a bale of cotton was brought, rendered judgment for sixty-four dollars against the defendants, N. W. Ward and others, who appealed to the Circuit Court, where a judgment for thirty-eight dollars damages and twenty dollars costs was rendered against them. Under Code 1871, § 1834, this court has no jurisdiction. The amount now in controversy is that of the judgment of the Circuit Court, to…
1Opinion of the CourtCampbell, J.
The amount in controversy in this case does not exceed fifty dollars. The judgment of the Circuit Court which is sought to be reversed is for less than that sum. The error complained of is, not that a sum greater than fifty dollars was claimed in the suit, but that the judgment rendered is erroneous. The matter complained of is the subject of controversy, and that is the judgment, and its amount is less than fifty dollars. The judgment could have been paid and extinguished by an amount less than fifty dollars. Where that is the case no writ of error lies to the judgment of a Circuit Court in…
2Cited by7 opinions
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- Leake County v. CarrMississippi Supreme Court · 1911
- City of Pass Christian v. LizanaMississippi Supreme Court · 1913
- James v. Williams Furniture Co.Mississippi Supreme Court · 1931
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