Salter v. Allstate Insurance Co.

MADDOX, Justice.

The issue presented here is whether a plaintiff who files a claim in district court to recover $5,000 in damages, and who recovers only $25 in damages in the district court, can appeal to circuit court and claim damages in excess of $5,000, the jurisdictional limit of the district court. We answer the question in the negative, and grant a writ of mandamus directing the circuit court to limit the plaintiffs claim to $5,000.

Petitioner Allstate Insurance Company, the defendant in the district court action, alleges in its petition for mandamus in this Court the following:

*940“On…