Kiernan v. Germaine
Mississippi Supreme Court
Kiernan v. Germaine, 62 Miss. 75 (Miss. 1884)
Campbell
Kiernan v. Germaine
Opinion of the Court
delivered the opinion of the court.
It is settled that unless the amount in controversy, exclusive of interest, exceeds fifty dollars an appeal does not lie to this court in a case begun before a justice of the peace (Davis v. Holberg, 59 Miss. 362); and it must follow that the damages given by statute as an incident to a recovery in the circuit court against a defendant who is appellant are to be excluded in determining the sufficiency of the amount in controversy to entitle the party to an appeal to this court.
Motion sustained.
Reference
- Full Case Name
- W. J. Kiernan v. Louisa Germaine
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appeal. Amount in controversy. Statutory damages. Tlie statutory damages allowed where the plaintiff recovers a judgment in the circuit court upon the defendant’s appeal from a justice of the peace’s court cannot he reckoned so as to make the amount in controversy sufficient to give this court jurisdiction of an appeal.