Higgins v. Deloach
Cases that cite this one
2 later published cases cite this decision.
- Continental Casualty Co. v. Crook (Miss. 1930)
- Graves v. Thompson (Wash. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.