Davis v. Holberg
Mississippi Supreme Court
Motion to dismiss appeal from judgment of the Circuit Court of Noxubee County for fift)’-two dollars, on appeal from a Justice’s Court, where the appellee sued, on July 27, 1880, for fifty dollars, due March 10,1880, and interest, and obtained judgment accordingly The question involved in the motion was decided in the case of Jaclcson v. Whitfield, 51 Miss. 202. This decision has become a rule of practice, and rights have vested under it.
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Motion to dismiss appeal from judgment of the Circuit Court of Noxubee County for fift)’-two dollars, on appeal from a Justice’s Court, where the appellee sued, on July 27, 1880, for fifty dollars, due March 10,1880, and interest, and obtained judgment accordingly The question involved in the motion was decided in the case of Jaclcson v. Whitfield, 51 Miss. 202. This decision has become a rule of practice, and rights have vested under it. Since that construction, the statute as construed has been reenacted. It must be held that the legislature adopted the law with the meaning which the courts…
1Opinion of the CourtChalmers, C. J.
In the case of Jackson v. Whitfield, 51 Miss. 202, it was held, under § 1334 of the Code of 1871, that no appeal lay to this court in a case originating in the Justice’s Court, unless the sum in controversy amounted to more than fifty dollars, exclu*364sive of interest. We are by no means satisfied of the correctness of this' ruling, and think that as an original question we would have held otherwise. It settled the construction, however, of a statute, which it was perhaps more important should be definitely than correctly settled, since the cases in which the question will arise are not…
2Cases cited1 opinion
- Jackson v. WhitfieldMississippi Supreme Court · 1875
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