Roberts v. Gay
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Replevin by Albert Roberts against J. B. Gay and wife. From a judgment dismissing the case, plaintiff appeals. The facts are fully stated in the opinion of the court. We submit that the test of jurisdiction under the decisions of this court in the matter of replevin is the value of the property sued for as set out in the ■affidavit in replevin. Finny.
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Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Replevin by Albert Roberts against J. B. Gay and wife. From a judgment dismissing the case, plaintiff appeals. The facts are fully stated in the opinion of the court. We submit that the test of jurisdiction under the decisions of this court in the matter of replevin is the value of the property sued for as set out in the ■affidavit in replevin. Finny. Harrington, 54 Miss. 733; Jackson v. Tabor, 101 Miss. 78; Ball v. Sledge, 82 Miss. 749; Thompson y. Poe, 104 Neb. 586. We hardly think that more need be said to convince…
1Opinion of the CourtHolden, J.
This is a replevin suit for the possession of two mules and certain farm implements, instituted by the appellant, Albert Roberts, in the Circuit court of Monroe county. On motion there was a judgment rendered, dismissing the case upon the ground that the court had no jurisdiction because the plaintiff had intentionally and falsely overvalued the property in the affidavit, for the purpose of obtaining jurisdiction in the circuit court. From the judgment of dismissal this appeal is taken.
It appears that the property sought to be recovered by the writ of replevin consisted of two mules, one…
2Cases cited4 opinions
- Johnson v. TaborMississippi Supreme Court · 1911
- Fenn v. HarringtonMississippi Supreme Court · 1877
- Ball v. SledgeMississippi Supreme Court · 1903
- Thompson v. PoeMississippi Supreme Court · 1913
3Cited by1 opinion
- Gilliam v. G. P. Cook Auto Co.Mississippi Supreme Court · 1932