Smith v. Jones
Mississippi Supreme Court
Appeal from the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. In September, ,188'i, D. H. Smith sued out au attachment for rent against J. C. Smith, alleging that $425 was due and in •arrears, before the mayor of the town of Port Gibson, and ex officio justice of the peace of Claiborne County; and caused the same to be handed to the sheriff, and by him levied on certain property found on the demised premises.
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Appeal from the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. In September, ,188'i, D. H. Smith sued out au attachment for rent against J. C. Smith, alleging that $425 was due and in •arrears, before the mayor of the town of Port Gibson, and ex officio justice of the peace of Claiborne County; and caused the same to be handed to the sheriff, and by him levied on certain property found on the demised premises. The premises were in ■Claiborne County, but not within the corporate limits of the town of Port Gibson. John A. Jones, trustee, sued out a writ of replevin, and filed…
1Opinion of the CourtArnold, J.
It is not denied that the Mayor of Port Gibson was also a justice of the peace of Claiborne County, or that the preliminary complaint on oath, necessary for the issuance of an attachment for rent, could not properly be made before him; but it is insisted that as the jurisdiction of a justice of the peace is confined generally to the territory of his district, it was not lawful for the Mayor, as justice of the peace, to issue the writ, to run beyond the corporate limits of the town in which he was elected.
This position cannot be maintained. The Mayor, as justice of the peace, had the same…
2Cases cited4 opinions
- Towns v. BoarmanMississippi Supreme Court · 1851
- Lavigne v. RussMississippi Supreme Court · 1858
- Dudley v. HarveyMississippi Supreme Court · 1881
- Maxey v. WhiteMississippi Supreme Court · 1876
3Cited by5 opinions
- Riley v. JamesMississippi Supreme Court · 1895
- Barlow v. SerioMississippi Supreme Court · 1922
- Irby v. CoreyCourt of Appeals for the Fifth Circuit · 1938
- Hathaway v. StateMississippi Supreme Court · 1940
- Nickles v. KendricksMississippi Supreme Court · 1896