Andrews v. Partee
Mississippi Supreme Court
From the circuit court of, first district, Panola county. Hon. PerriN H. Lowrey, Judge. Partee and another, appellees, were the plaintiffs in the court below. The appeal to the supreme court was prosecuted by Andrews, appellant, who claimed the property levied upon, from a judgment of the circuit court against him on a claimant’s issue. The judgment in appellee’s favor against the original defendant, Dye, was rendered in a justice of the peace court for $47.67 and costs.
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From the circuit court of, first district, Panola county. Hon. PerriN H. Lowrey, Judge. Partee and another, appellees, were the plaintiffs in the court below. The appeal to the supreme court was prosecuted by Andrews, appellant, who claimed the property levied upon, from a judgment of the circuit court against him on a claimant’s issue. The judgment in appellee’s favor against the original defendant, Dye, was rendered in a justice of the peace court for $47.67 and costs. The costs, added to the sum recovered, made the demand of the execution equal $69. The claimant’s issue originated in the…
1Opinion of the CourtCalhoon, J.
The point that this court is without jui’isdiction because the amount involved does not exceed' $50, is not well taken. It would be good as against the defendant in execution, because the judgment was for less than $50, exclusive of interest and costs. But here the controversy is with a claimant whose property was seized to satisfy an execution for about $69, and the property levied on was of greater value than $50. So the claimant has his appeal. It often happens that in cases involving very trifling amounts the costs swell to large sums. While the defendant cannot invoke the amount of these…
2Cited by3 opinions
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