Western Union Telegraph Co. v. Sullivan

Mississippi Supreme Court October 15, 1892

Western Union Telegraph Co. v. Sullivan, 70 Miss. 447 (Miss. 1892)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

Section 1302 of the code of 1871 (§ 2190, code of 1880 • 2394, code of 1892), embraces, in terse and comprehensive language, all of the jurisdiction conferred on justices of the *449peace by art. 7, p. 405, of the code of 1857, differing only as to amount in controversy. The language of the clause, “founded on any penal statute,” contained in the code of 1857, was left out of that of 1871, not to deprive justices of the peace of such jurisdiction, but because it was unnecessary to retain this language, in view of the very comprehensive terms employed by the section, which was manifestly designed to enlarge and extend, and not circumscribe, the jurisdiction of these magistrates. The word “ debts ” embraces penalties recoverable by civil action. In its largest sense, it signifies any thing for which one is liable or bound to another, or which may be exacted of one; and it was used in this sense in conferring jurisdiction on justices of the peace. The terms “ debts or damages or personal property ” embrace every subject of recovery other than fealty.

Motion to dismiss sustained.

Reference

Full Case Name: Western Union Telegraph Co. v. W. V. Sullivan
Cited By: 1 case
Status: Published
Syllabus: 1. Justice of the Peace. Jurisdiction. Action on penal statutes. The jurisdiction “of all actions for the recovery of debts or damages or personal property” conferred on justices of the peace by code 1871, 11302, and code 1880, § 2190 (code 1892, § 2394), embraces suits “founded on any penal statute,” although these words, which appear in the corresponding section of code 1857 (p. 405), were not brought forward. 2. Same. Appeal. Penalty less than fifty dollars. Code 1880, \\ 2354. Accordingly, the jurisdiction of the circuit courts in suits for penalties, where the principal of the demand does not exceed $150, is purely appellate, and if the amount in controversy does not exceed $50, no appeal lies to the supreme court. Code 1880, $ 2354.