Heggie v. Stone
Mississippi Supreme Court
From the circuit court of the second district of Carroll county. Hon. C. H. Campbell, Judge. The town of Vaiden is situated in district five, Carroll county. By the charter of the town, the mayor was made ex officio justice of the peace for the district, and Heggie sued Stone before him on a cause of action which arose outside the corporate limits. The defendant resided outside the town, but within the justice court district.
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From the circuit court of the second district of Carroll county. Hon. C. H. Campbell, Judge. The town of Vaiden is situated in district five, Carroll county. By the charter of the town, the mayor was made ex officio justice of the peace for the district, and Heggie sued Stone before him on a cause of action which arose outside the corporate limits. The defendant resided outside the town, but within the justice court district. The parties appeared, and, without any objection being raised as to jurisdiction, the case was tried on its mei’its, resulting in a judgment for defendant, from which…
1Opinion of the CourtCampbell, C. J.
Under the constitution of 1869, which provided that “a competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, by districts,” it was not in the power of the legislature to clothe the mayor of a town, comprising a part of a district for the election of justices of the 'peace, with the official character and jurisdiction of a justice of the peace for the district outside of the town; and the charter of Maiden, which contains a provision making the mayor ex officio a justice of the peace beyond the territory of the town, was, as…
2Cited by6 opinions
- Arnett v. Carol C. & Fred R. Smith, Inc.Mississippi Supreme Court · 1932
- Turner v. WilliamsMississippi Supreme Court · 1932
- Riley v. JamesMississippi Supreme Court · 1895
- Ivy v. StateMississippi Supreme Court · 1925
- Mississippi Cent. R. Co. v. CalhounMississippi Supreme Court · 1925
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