Parks v. Granger
Mississippi Supreme Court
From the chancery court of, second district, Bolivar county. Hon. Manuel E. Denton, Chancellor. ' Mrs. Granger, appellee, was complainant in the court below; Parks, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court.
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From the chancery court of, second district, Bolivar county. Hon. Manuel E. Denton, Chancellor. ' Mrs. Granger, appellee, was complainant in the court below; Parks, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The object of the suit was to enjoin the enforcement of a pretended judgment rendered in defendant’s favor against complainant by a justice of the peace, on the ground that the justice’s court was without jurisdiction of tbe cause in wbieb it was rendered. Tbe suit before tbe justice of tbe peace was upon a promissory…
1Opinion of the Court
Whitfield, O. T.,
delivered tbe opinion of tbe court.
Tbe question presented by this record is a very interesting one, and has never been decided by this court. The question is this: Where a note is given for a sum less than $200, and *505■also stipulates for an attorney’s fee of 10 per cent, if suit should be instituted on said note, and tbe amount of tbe principal of tbe note, plus tbe attorney’s fee of 10 per cent, of tbe amount of tbe note, together exceed $200, can suit be brought before a justice of tbe peace; or is tbe. justice of tbe peace, to state it differently, without jurisdiction to…
2Cases cited3 opinions
- Almand v. AlmandSupreme Court of Georgia · 1894
- Baxter v. BatesSupreme Court of Georgia · 1882
- Warder, Bushnell & Glessner Co. v. RaymondSouth Dakota Supreme Court · 1895
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- State Ex Rel. Harrington v. City of PompanoSupreme Court of Florida · 1938
- Bovee v. HellandMontana Supreme Court · 1916
- Oxford Production Credit Association v. Gordon L. DuckworthCourt of Appeals for the Fifth Circuit · 1982
- Catchot v. RussellMississippi Supreme Court · 1931
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