Legal Opinion

Switzer v. Benny

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 5 opinions

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Switzer, appellant, was plaintiff in the court below; Benny, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The opinion of the court states the facts upon which the appeal was dismissed.

1Opinion of the CourtFletcher, J.

This cause originated in the court of a justice of the peace about a cow worth $20, as shown by the affidavit in replevin and the officer’s return on the writ. When the case got to the circuit court, it was decided on a certain issue, and the parties, manifestly desiring to appeal to the supreme court, agreed according to a recital in the record that the affidavit in replevin should be so amended as to show that the cow was worth $51. It is clear, therefore, that the jurisdiction of this court is made to *210depend, not upon the real amount in controversy which is unquestionably only $20, but…

2Cited by5 opinions

  1. Duvall v. DuvallMississippi Supreme Court · 1955
  2. Dulion v. FolkesMississippi Supreme Court · 1928
  3. Kelley v. Ladies' Aid Soc. of Pleasant Hill SchoolhouseMississippi Supreme Court · 1926
  4. Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983
  5. Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983

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