delivered the opinion of the court.

The facts as testified in the lower court show that the-court of the justice of the peace bad jurisdiction, of this lawsuit; consequently, on appeal to the circuit court, that court had jurisdiction, and should not have dismissed the-case.

This case comes within the rule announced in Vicksburg Waterworks Co. v. Ford, 97 Miss. 198, 52 So. 208.

Reversed and remanded..