Askew v. Askew
Mississippi Supreme Court
Error to the circuit court of Oktibbeha county, Hon. J. A. ORR, Judge. The facts in the case are fully stated in the opinion of the court and briefs of counsel.
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Error to the circuit court of Oktibbeha county, Hon. J. A. ORR, Judge. The facts in the case are fully stated in the opinion of the court and briefs of counsel. The following errors'are assigned: 1. That the court below wrongfully dismissed said cause, and ejected the same out of court, without any rightful authority, and on its own motion. 2. That the jury -were the judges of the facts, and not the court, that the court erred as to the law, and as to its own power and jurisdiction. 3. That the court erred in refusing to reinstate the case and in overruling the motion of said plaintiff to…
1Opinion of the CourtPevtoN, C. J.
The plaintiff in error, brought suit against the defendant in error, before a justice of the peace of Oktibbeha county, to recover the value of a mule. The justice of the peace gave judgment for the plaintiff, for $150.00, from which the defendant appealed to the circuit court of said county, which dismissed the cánse for want of .jurisdiction.
Upon the trial in the circuit court, the testimony proved *307that the mule was worth $200.00. Whereupon the court dismissed the cause for want of jurisdiction in the justice of the peace.
It is provided by our statue that justices of the peace shall have…
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