Board of Levee Commissioners v. Brooks, Neeley & Co.
Board of Levee Commissioners v. Brooks, Neeley & Co.
Opinion of the Court
delivered the opinion of the court.
This is a proceeding under the statute regulating the exercise of the power of eminent domain, commenced in the circuit court of Coahoma county on the third day of July, 1896, when said court had-no jurisdiction of such proceeding, and which want of jurisdiction rendered the action of the court utterly null and void, and nothing can relieve it of this hopeless infirmity, except it be section 147 of the state constitution, which is invoked for that purpose. The constitution provides: ‘ ‘ Section 147. No judgment or decree in any chancery or circuit court,, rendered in a civil cause, shall be reversed or annulled on the ground of want of jurisdiction to render- said judgment or decree, from any error or mistake as to whether the cause in which it was rendered was of equity or common law jurisdiction; but, if the supreme court shall find error in the proceedings other than as to jurisdiction, and it shall be necessary to remand the case, the supreme court may remand it to that court which, in
If, by mistake of the chancellor, one of our chancery courts should entertain a suit of unlawful entry and detainer, which is not a common law suit, but pertains to a special court, composed at least of two justices, of the peace, and from its decree an appeal should be taken here, could we entertain jurisdiction of it? We think not. Or, should a chancery court, by mistake of the learned chancellor, entertain a suit for debt on open account for less than $200, which pertains alone to the jurisdiction of the justice of the peace of the proper district, and its decree is complained of in this court, could we uphold such action? Certainly not.
It has been held that, if the circuit court adjudicates an action of debt there brought for less than $200, an appeal here gives this court no jurisdiction. For reasons equally cogent, an appeal from a decree of the chancery court in a similar action of debt for less than $200 could not be validated by judgment here. Stephen v. Eiseman, 54 Miss., 535; Fenn v. Harrington, 54 Miss., 733; Griffin v. McDaniel, 63 Miss., 121; Delmas v. Morrison, 61 Miss., 314; Andrews v. Wallace, 72 Miss., 291, s.c. 16 So. Rep., 204.
Should a chancellor, emulous of larger power, try in his court an ordinary action of ejectment, the decree of the court therein, if right upon the principles applied to the case, would, perhaps, be valid under section 147 of the constitution; or if a circuit judge should adjudicate a specific performance of a contract
Reversed and dismissed.
Reference
- Full Case Name
- Board of Levee Commissioners for Yazoo-Mississippi Delta v. Brooks, Neeley & Co.
- Status
- Published
- Syllabus
- Constitutional Law. Constitution of 1890, sec. 147. Supreme coxvrt. Reversals. The provisions of constitution 1890, sec. 147, prohibiting reversals by the supreme court of circuit and chancery court adjudications on' the ground of want of jurisdiction from any error or mistake as to whether the cause in which the judgment or decree appealed from was rendered was of equity or common law jurisdiction, does not apply to cases in which either court entertains a cause, neither of equity nor common law jurisdiction, of which it has no j urisdiction.