Nickles v. Kendricks
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. This was an action of unlawful detainer, brought by the appellant, and tried and determined in- his favor by W.. G. Brown, a justice of the peace of Bolivar county, and Claude Seales, mayor of the town of Duncan, in said county, and ex officio a justice of the peace. The complaint was filed before Brown, and the warrant was returnable at Duncan.
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From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. This was an action of unlawful detainer, brought by the appellant, and tried and determined in- his favor by W.. G. Brown, a justice of the peace of Bolivar county, and Claude Seales, mayor of the town of Duncan, in said county, and ex officio a justice of the peace. The complaint was filed before Brown, and the warrant was returnable at Duncan. The land in controversy lies outside of the corporate limits of that town. On appeal to the circuit court a motion was made by the appellee to vacate the judgment rendered and…
1Opinion of the CourtWoods, J.
Claude Seales, the mayor of Duncan, was, under § 3001, code of 1892, ex officio a justice of the peace in and for the corporate limits of Duncan — that is to say, his jurisdiction as a justice of the peace was limited to the territorial boundaries of his municipality precisely as that of the ordinary justice of the peace is limited to the territory embraced in his magisterial district. In the one case, the mayor is an ex officio justice in and for his municipality, and in the other, the magistrate is a justice in and for his district. In both cases they are justices of the peace of the county…
2Cases cited1 opinion
- Smith v. JonesMississippi Supreme Court · 1887
3Cited by1 opinion
- Hathaway v. StateMississippi Supreme Court · 1940