Poplarville Sawmill Co. v. Marx
Mississippi Supreme Court
Appeal from the chancery court of Pearl River county. HoN. D. M. Russell, Chancellor. Injunction by the Poplarville Sawmill Company against A. Marx & Sons. From a decree sustaining a demurrer to the bill and awarding damages, complainants appeal. The facts are fully stated in the opinion of the court. The question is, has the mayor of a town the right to try civil actions in his capacity as a justice of the peace within the corporate limits of his municipality.
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Appeal from the chancery court of Pearl River county. HoN. D. M. Russell, Chancellor. Injunction by the Poplarville Sawmill Company against A. Marx & Sons. From a decree sustaining a demurrer to the bill and awarding damages, complainants appeal. The facts are fully stated in the opinion of the court. The question is, has the mayor of a town the right to try civil actions in his capacity as a justice of the peace within the corporate limits of his municipality. S. C. Smith was the' duly elected and qualified mayor of the town of Poplarville for the term of two years from the first Monday in…
1Opinion of the CourtCook, P. J.
Appellees instituted a suit upon open account against the appellant in the court of S. C.' Smith, mayor and ex officio justice of the peace for the town of Poplar-ville. Sumitions was issued and served on appellant. On the return day of the summons appellant appeared for the “special purpose of objecting to the jurisdiction of the court.” This motion asked the court to dismiss upon two grounds, viz.
“I. The mayor and ex officio justice of the peace of a town is a public officer of the town and of the state belonging to the executive department; has no right"to exercise any judicial power over…
2Cases cited4 opinions
- Bell v. McKinneyMississippi Supreme Court · 1885
- Riley v. JamesMississippi Supreme Court · 1895
- State ex rel. Fletcher v. ArmstrongMississippi Supreme Court · 1907
- Heggie v. StoneMississippi Supreme Court · 1892
3Cited by4 opinions
- Foster v. HardenMississippi Supreme Court · 1988
- Falkner v. StateMississippi Supreme Court · 1923
- Miss. Jud. Performance Com'n v. ThomasMississippi Supreme Court · 1989
- In Re GrantMississippi Supreme Court · 1994