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Higgins v. Deloach

M. C. Higgins v. Thomas G. Deloach

Higgins v. Deloach, 54 Miss. 498 (1877)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
April 15, 1877
Judges
Campbell
Citations
54 Miss. 498
Headnotes
JURISDICTION. Principal of amount in controversy. Damages. A justice of the peace has jurisdiction, and so has the Circuit Court on appeal, of replevin for a horse not exceeding $150 in value, whatever are the damages assessed for wrongful taking and detention.
Summary
Error to the Circuit Court of Oktibbeha County. Hon. James M. Arhold, Judge. cited Code 1871, §§ 1302, 1532; Newell v. Newell, 34 Miss. 385; Hechlin v. JSss, 16 Minn. 53 ; Henderson v. Besborough, 28 Mich. 170; Jackson v. Whitfield, 51 Miss. 202; Alley v. Gramelich, 55 Mo. 518. cited Bead v. Renaud, 6 S. & M. 79; Bank y. Jennings, 5 How. (Miss.) 425 ; Const, art. 6, § 23.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Campbell

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Campbell, J.,

delivered the opinion of the court.

A justice of the peace has jurisdiction of an action of re-plevin for a horse whose value does not exceed f 150 ; and the fact that damages assessed for the wrongful taking or detention of the property, added to the value of the property, aggregate ipore than $150, does not oust the jurisdiction of the Circuit Court in an appeal from the judgment of a justice of the peace in .such a case. Damages are a mere incident to a ■determination of the right of possession, and if the “ principal of the amount in controversy ” does not exceed $150, a justice of the peace has jurisdiction, and so has the Circuit Court on appeal, whatever may be the amount of the damages assessed for wrongful taking and detention. Bell v. West Point, 51 Miss. 262 . Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 11930: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. Continental Casualty Co. v. Crook128 So. 574 (Miss. 1930)
  2. Graves v. Thompson77 P. 384 (Wash. 1904)

Most recent

  1. Continental Casualty Co. v. Crook128 So. 574 (Miss. 1930)
  2. Graves v. Thompson77 P. 384 (Wash. 1904)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bell v. City of West Point, 51 Miss. 262 (1875) 13

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