Ammons v. Whitehead
Mississippi Supreme Court
In error from the chancery side of the Circuit Court of Holmes county. Hon. Ely Henry, judge. A full statement of the case will be found in the opinion of the court. 1. The Circuit Court, in determining a cause before it, by appeal from a justice of the peace, has no jurisdiction except that which is conferred by law on justices of the peace. The Circuit Court derive their whole jurisdiction, in such cases, from the appeal.
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In error from the chancery side of the Circuit Court of Holmes county. Hon. Ely Henry, judge. A full statement of the case will be found in the opinion of the court. 1. The Circuit Court, in determining a cause before it, by appeal from a justice of the peace, has no jurisdiction except that which is conferred by law on justices of the peace. The Circuit Court derive their whole jurisdiction, in such cases, from the appeal. The judgment in this case being for an amount not within the jurisdiction of a J. P., is consequently void. Glass v. Moss, 1 How. Rep. 519; Orapoo v. Town of Grand Gulf, 9…
1Opinion of the CourtHandy, J.
The plaintiffs in error filed their bill on the chancery side of the Circuit Court of Holmes county, stating in substance, that in the year 1852 the defendant’s intestate recovered three judgments against one Derrick, before a justice of the peace of that county; that Derrick took an appeal therefrom to the Circuit Court, and the appellants became his sureties on the several appeal bonds given, and the three cases were sent up and docketed in the Circuit Court; that on motion of Derrick, the three cases were consolidated, and in order to avoid further expense and litigation, the plaintiff…
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