A. S. Barboro & Co. v. Serio
Mississippi Supreme Court
Appeal from the circuit court of Tallahatchie county. Hon. N. A. Taylor, Judge. Suit by A. S. Barboro & Co., against B. Serio, begun by attachment issued from a justice court. There was a judgment awarding damages to defendant and plaintiff brought certiorari. The judgment being affirmed in the circuit court, 'plaintiff appeals.
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Appeal from the circuit court of Tallahatchie county. Hon. N. A. Taylor, Judge. Suit by A. S. Barboro & Co., against B. Serio, begun by attachment issued from a justice court. There was a judgment awarding damages to defendant and plaintiff brought certiorari. The judgment being affirmed in the circuit court, 'plaintiff appeals. Appellant, a corporation, instituted a suit by attachment in the court of a justice of the peace, to recover of appellee the sum of one hundred and fifty-six dollars and forty-three cents, alleged to be due it for goods sold and d vLivered. When the cause came on to…
1Opinion of the Court
Smith, C. J'.,
delivered the opinion of the court., (After stating the facts as above). The grounds upon which it is sought to have the judgment rendered by the.justice of the peace reversed and the cause tried de novoare (1) the amount of damages awarded appellee is in .excess of the jurisdiction of the justice of the peace; and (2) that “said judgment was for unliquidated damages- and the record and the judgment do not show that proof' as to the damages or the amount thereof was heard by said justice of the peace.”
Appellee’s claim for damages propounded in the court of the justice of the…
2Cases cited2 opinions
- Hunt v. PotterMississippi Supreme Court · 1880
- Smith v. NewlonMississippi Supreme Court · 1884