The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-04
INTELLIGENCE.
SUPREME COURT OF MISSISSIPPI
Cases Decided Monday, April 3
PREPARED FOR THE CLARION BY FRANK
JOHNSTON, ESQ.
ssobert BELL VS.. The City OF West
Point. No. 1900.
Ooiaion of the Court By SIMRALL, ca. }.


plaintiff in error sued defendant in error
hetora a Justice of the Peace, for one hun
drad and fifty dollars damages, for an lnJu-
rr to his horse resulting from defective
hriilya Judgment was rend cred for the
defendant. On appeal to the Clrcuit Court
the case was dismissed. Ihereupon the
plaintiff brought the case 10 the oup'eni0
Court, by aCrit OF error.
All the members OF the Court were agreed
on the merits of the case, that municipal
corporation, under legal duty TO keep It's
bridges in repair, was liable to person
sustaining u special injury from oeiectS
which might have been repaired. and where
the municipal authorities had notice, actual
or constructive, of the defects. On the
onestiou whether the Justice OF the Peace
mad Jurisdiction of the case, Mr.. justice
Peyton dissented from the majority OF the
Court.
The case on this question of jurisdiction
may be thus stated: 1t was an action in its
| form eT deIicto, for unliquidated damages
for ar injury caused by the negligence Of
the municipal authorities. The constltu- :
tional provisions and statutes reviewed ana
construed by the Court are as follows:
| Article vi, section %, Constitution 1869
=" competen mum Der of Justices OF the
Peace Shall be chosen in each county. by the
qualified electors thereof, by districts, who
| Shall hold their office for the term OF two
years The Jurisdiction of Justices of the
| Peace shall be limited to causes III which
| the principal of the amount i'll controversy
| shall not exceed the sum of one hundred
and fifty dollars"
! Article vi, section IA, provides: Cir
! cult Courts shall have original Jurisdiction
| in all matters, civil and criminal, within
this Sta G; bat in civil cases, only when the
| principal amount in controversy exceeds
one hundred and fifty dollars"
Section 1902, Code of 1871, is as follows ::
| justices of the Peace shall have jurisdic
| t;1 4 ali tor hn n
or damages or personal property, where the
| princi PAL OF the debt, the amount of the de-
mand, or the value OF the property sought to
| be recovered, shall not exceed one hundred
and fifty dollars"
| Section 5l9, Code of 1871, provides The
Circuit Courts shall have original
| Jurisdiction of all suits aud actions for the
recovery of money, founded on any bond
covenant, bill, promissory note, agreement.
or other contract, or any open account
when the pri lcipal OF the sum in contruver-
| sy exceeds the sum OF one hundred and
| fifty dollars, and OF all other civil suits and
actions-real, personal and mixed-and of
all causes, matters and things arising under
the Constitution and laws OF this State,
which are not expressly cognizable in some
other court established by law.
The majority OF The court held:
The 23d section OF article vi, of the
Constitu ion, imposed merely a limitation
on the Jurisdiction of Justices nf he Peac
in civil "a Uses eS ricting tbs jursdic ion o
| causes where the principal amount in con
troversy did not exceed one hundred and
fifty dollars.
Ii. Under the operation of this clause OF
the Constitution it Was left to the LegiSla
ture to regulate the jurisdiction and to des
ignate the class OF cases and actions TO b.
brought before justice OF the peace, within
the restriction as to the amount named in
the Constitution. 1t was therefore compe-
tent for the Legislature to define and regu-
late that jurisdiction, in the mode prescribed
by 1892, Code of 1871. 1t was not the pur-
pose of the Constitution to confer absolute
| ly the jurisdiction in all civU causes within
the sum named, but to place a limitation on
the Legislature when it came to designate
tie cases to be brought before justice of
the peace.
Ill. The Circuit Court as established by
the Constitution is Court of general COM
mon law Jurisdiction, and has as such gem
eral common law powers both civil and
criminal, to give critical construction
to the last clause of 9l4, art. vi, and hold
that the Circuit Court had no jurisdiction in
any civil cause where the amount in con-
troversy was less than one hund red and
fifty dollars. would deprive it ofjurisdiction
In nadnddmus and quo ,od7vdnto cases, writs
OF prohibition, and perhaps other proceed
lngS, where the right asserted is incapable
OF pecunlary measurement
Nv. On construction OF both sections of
the Constitution, iJ is within the power of
the Legislature to assign TO justices of the
peace jurisdiction in all civil cases where
the subject OF litigation NAV b.. measure
Dy calculation of the amount in money:
for example, debt, personal property, or
damages for an in jury, not to exceed one
hundred and fifty dollars. Reversed and re-
1sGnded.