Moore v. American Surety Co.
Mississippi Supreme Court
Moore v. American Surety Co., 110 Miss. 322 (Miss. 1915)
70 So. 403
Smith
Moore v. American Surety Co.
Opinion of the Court
delivered the opinion of the court.
(after stating the facts as above). Since appellee seeks by its evidence to recover only the one hundred and •eighty-nine dollars and eight cents alleged to have been paid by it to the Mississippi Cotton Oil Company, we must presume that this is the only amount here in controversy; consequently the court below was without jurisdiction.
Reversed and remanded.
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- Appeal and Ebboe. Circuit court. Jurisdiction. Where plaintiff in the circuit court sued on an account consisting of two items, one for one hundred and eighty-nine dollars and eight cents, and one for one hundred dollars, hut introduced evidence on only the item for one hundred and eighty-nine . dollars and eight cents the supreme court on appeal will pre- ■ sume that this item was the only amount in controversy and that hence the circuit court was without jurisdiction.