Kansas City, Memphis & Birmingham R. R. v. Mabry

Mississippi Supreme Court October 15, 1889

Kansas City, Memphis & Birmingham R. R. v. Mabry, 67 Miss. 131 (Miss. 1889)

Cooper

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

The purpose of section 2376 of the code of 1880 is to discourage *133frivolous and vexatious litigation, while that of section 1497 is to discourage resort to the circuit court in those cases in which relief might be fully secured by suit before justices of the peace. The latter section has reference only to actions ex contractu. Since this action is not of that character, no certificate from the judge was necessary to carry costs.

The judgment is affirmed.

Reference

Full Case Name: Kansas City, Memphis & Birmingham R. R. Co. v. E. B. Mabry
Status: Published
Syllabus: 1. Costs. Circuit court. Judgment for less than $150. Section 1497, code I860, which makes the certificate of the judge necessary to carry costs in favor of a plaintiff iu an action begun in the circuit court who fails to recover more than one hundred and fifty dollars, has reference solely to actions ex contractu. 2. Costs in Actions Ex Delicto. Circuit court. Code 1880, § 2376. Under the code of 1880, actions ej delicto are governed as to costs by § 2376, and not by § 1497. Therefore in such an action originating in the circuit court, if the plaintiff recover as much as ten dollars, he is entitled to full costs without any certificate from the judge.