Wimbush v. Chinault
Mississippi Supreme Court
Error to the Circuit Court of Tishomingo County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court.
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Error to the Circuit Court of Tishomingo County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. Does thq (remittitur defeat the jurisdiction of the court? A thorough consideration of Scott v. Ward, 57 Miss. 826, has failed to convince me of its proper construction of sect. 1334 of the Code of 1871. This section provides that “ appeals to the Circuit Court shall be tried anew, provided that on such appeals, when the amount in controversy shall exceed $20, the parties, or either of them, shall be entitled to a trial by jury; and in all such cases where the…
1Opinion of the CourtGeorge, J.
The defendant in error recovered before a justice of the peace, against the plaintiff, a judgment for over $50. The latter appealed to the Circuit Court, and a verdict was there rendered against the appellant for $100. He moved for a new trial, and the circuit judge, on the hearing of the motion, being of opinion that $50 was the proper amount to be recovered, the plaintiff below remitted all exceeding that amount; and the new trial being refused, execution was ordered only for $50 and costs.
The defendant below sued out a writ of error to reverse this judgment, claiming that he owes nothing;…
2Cases cited2 opinions
- Thompson v. ButlerSupreme Court of the United States · 1878
- Ward v. ScottMississippi Supreme Court · 1880
3Cited by4 opinions
- Leake County v. CarrMississippi Supreme Court · 1911
- City of Pass Christian v. LizanaMississippi Supreme Court · 1913
- Kelley v. Ladies' Aid Soc. of Pleasant Hill SchoolhouseMississippi Supreme Court · 1926
- Home Ins. Co. v. McFarlandMississippi Supreme Court · 1926