Fenn v. Harrington
Mississippi Supreme Court
Error to the Circuit Court, of Amite County. Hon. J. M. Smiley, Judge. Jane E. Harrington made an affidavit before the clerk of the Circuit Court in replevin for the recovery of a buggy, stated in said affidavit to be of the value of $165, as detained by D. W. Fenn, the defendant.
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Error to the Circuit Court, of Amite County. Hon. J. M. Smiley, Judge. Jane E. Harrington made an affidavit before the clerk of the Circuit Court in replevin for the recovery of a buggy, stated in said affidavit to be of the value of $165, as detained by D. W. Fenn, the defendant. The writ of replevin issued, and was returned by thé sheriff, executed personally on D. W. Fenn, “ and by levying upon the within-named buggy, and taking a bond for the same of $150, said bond being herewith filed.” The bond returned was in form a replevin bond in attachment, signed by the defendant Fenn and one…
1Opinion of the CourtChalmers, J.
The action was replevin for a buggy, commenced in the Circuit Court. The affidavit and the declaration stated the value of the buggy at $ 165 ; but the verdict of the jury fixed it at |150. In entering up judgment on the verdict, the court certified that the plaintiff had reasonable ground to expect a verdict fixing the value of the property at more than $150.
It is insisted that the valuation of the jury ousted the jurisdiction of the Circuit Court, or rather demonstrated that it never had jurisdiction, and that, upon its rendition, the suit should have been dismissed, or remanded to a…
2Cases cited1 opinion
- Askew v. AskewMississippi Supreme Court · 1873
3Cited by12 opinions
- Ball v. SledgeMississippi Supreme Court · 1903
- Continental Casualty Co. v. CrookMississippi Supreme Court · 1930
- Mobile, Jackson & Kansas City R. R. v. HittMississippi Supreme Court · 1911
- Potts v. HinesMississippi Supreme Court · 1880
- Griffin v. McDanielMississippi Supreme Court · 1885
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