Jackson v. Whitfield
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. This was an action brought by plaintiff in error against defendant in error in the justice’s court, on a receipt given for a note for $48.20. Plaintiff recovered a judgment for $49.30 and costs. Defendant in error appealed to the circuit court of Monroe county and there recovered a judgment for his costs, and the case comes to this court on writ of error.
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Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. This was an action brought by plaintiff in error against defendant in error in the justice’s court, on a receipt given for a note for $48.20. Plaintiff recovered a judgment for $49.30 and costs. Defendant in error appealed to the circuit court of Monroe county and there recovered a judgment for his costs, and the case comes to this court on writ of error. It is assigned for error : 1. “ The court below erred in excluding the testimony of J. Q. Jackson.” 2. “ The court erred in overruling the motion for a new trial.” A…
1Opinion of the CourtTarbell, J.
Motion to dismiss for want of jurisdiction. This cause originated before a justice of the peace. The suit was upon a note, or receipt for a note, for $48.20, due December 1, 1867. Judgment in the lower court for plaintiff, May 16, 1868, “ for $49.30 and costs.” Appeal to the circuit court May 19, 1868. Judgment for the defendant in the circuit court February 25, 1874. Writ of error July 2, 1874. It is now moved to dismiss the writ of error, on the ground that the “ amount in controversy ” is less than $50, and, therefore, that according to § 1334 of the code, a writ of error is unauthorized.
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2Cases cited3 opinions
- Hedgecock v. . DavisSupreme Court of North Carolina · 1870
- Hamer v. KirkwoodMississippi Supreme Court · 1852
- N. O., J. & G. N. R. R. Co. v. EvansMississippi Supreme Court · 1874
3Cited by11 opinions
- Plunket v. EvansSouth Dakota Supreme Court · 1892
- Wilson v. SparkmanSupreme Court of Florida · 1880
- Catchot v. RussellMississippi Supreme Court · 1931
- Davis v. HolbergMississippi Supreme Court · 1882
- Cantrell v. PeughMississippi Supreme Court · 1927
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