Opinion
No. 29437.
May 4, 1931.
1. JUSTICES OF THE PEACE.
Jurisdiction of justice of peace was determined by amount demanded in good faith in pleadings (Code 1930, section 2071).
2. JUSTICES OF THE PEACE.
Where plaintiff filed statement charging defendant with two hundred dollars for killing horse and ten dollars for killing yearling, and judgment was entered for one hundred ten dollars, justice of the peace had no jurisdiction (Code 1930, section 2071).
APPEAL from circuit court of Simpson county; HON.W.L. CRANFORD, Judge.
A.M. Edwards and W.D. Hilton, both of Mendenhall, for appellant.
A suit for damages for two separate mules killed at the same time cannot be split so as to give the justice of the peace jurisdiction.
Yazoo R.R. Co. v. Pane, 92 Miss. 126, 45 So. 705.
The value of the property honestly claimed in the affidavit determines the jurisdiction of the justice of the peace, regardless of the finding of the jury.
Johnson v. Taylor, 101 Miss. 78, 57 So. 367.
A justice of the peace cannot consolidate separate and distinct cases, if, when united, the demand exceeds two hundred dollars.
Louisville R.R. Co. v. McCollister, 66 Miss. 106, 5 So. 695.
J.P. A.K. Edwards, of Mendenhall, for appellee.
The uncontradicted evidence in this case is that there were two distinct cases tried at the same time not consolidated and this by agreement of both parties to the case in order to save expense. It is true that the judgment was written for the sum of two hundred ten dollars but the verdict of the jury shows that two cases were tried at the same time. The attorney for the defense never disputed this agreement and heard the testimony and is now estopped from trying to take advantage of this agreement and make it appear that there was a consolidation of cases. All the cases cited by appellant were where two cases were consolidated and do not announce the law touching the case at bar.
In a court of a justice of the peace, Furlow, the appellee, filed a written statement of his cause of action as follows:
"Simpson county, state of Mississippi, and the board of supervisors of said county.
"In account with E. Furlow.
For the killing of one horse in process of dipping ...... $200.00 For the killing of one yearling in process .............. $ 10.00 _______ 210.00
"E. FURLOW By J.P. A.K. EDWARDS, Attorneys."
Judgment upon which was entered for one hundred ten dollars. The case was submitted to a jury in the justice court, and, from the record, appears to be a single suit or cause of action.
It will be observed that the sum total of the items sued for is two hundred ten dollars, which is in excess of two hundred dollars. The county appealed to the circuit court, and there was a motion made to dismiss the case, because the justice of the peace was without jurisdiction. There is nothing in this record, nor in the account filed, to indicate that this is not a single cause of action. On the other hand, only one judgment was rendered for one hundred ten dollars on this cause of action. The court overruled the motion to dismiss the cause, thereby holding that the justice of the peace had jurisdiction thereof. Thereafter counsel for appellee made a statement to the court as to some agreement between counsel, made at the date of the trial in the justice court, about trying two cases. There does not appear to be two cases, and in determining jurisdiction, in the absence of fraud, the pleadings filed showing the amount demanded in good faith, fixed the principal amount in controversy as contemplated by section 2071, Code 1930.
The justice of the peace had no jurisdiction of this cause, and the court below should have sustained the motion to dismiss the same without prejudice to the right of the appellee to bring another action. The case will be reversed, and judgment will be entered here dismissing said cause without prejudice.
Reversed, and judgment here for appellant dismissing this cause.