The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-20
ROBERT BRECKENRIDGE, !
Decree reversed and bill dismissed.

ROBERT BRECKINRIDGE,
Rosa JOHNSON, ct al.
Error to the Circuit Court of Claborn,
county, Hon. j. b. Chrisman, Judge.
February 26, 1S7s,-Rosa johnson made
oath, in due form, claiming Il laborer's lier
on certain cotton raised Oh Il plantation
leased by plaintiff in error. She brough
the suit under the agricultural lien law
The amount of her claim was $3.50. Al
same time, the other defendants in errol
made affidayits propounding similar liens
eral aflidayits We're made before one Smith
Justice of the Peace. who issued writs OF
seizure thereon, returnable before one
Willis, another Justice of the Peace. Said
writs were placed into the hands of the
sheriff, who seized seven bales of cotton
under the writ, in favor of Rosa johnson,
and five bales under one of the other writs,
and three bales under the other,
Breckenridge sued out writ of replevin
before the Clerk of the Circuit Court
against the Sheriff for the cotton, which was
ant failing to give bond, the plaintiff gave
it and took the cotton.
On motion, the defendants in error vera
substituted for the Sheriff to defend the
replevin action. By some means the writ
issued by Justice Smith, in favor of Rosa
Johnson, and made returnabe before JUS
tice Willis, got into the Circuit Clerks
office, and by him docketed as cause
originating in that Court. Breckenridge
moved to dismiss that case for want OF jul
rsdiction and then withdrew the notion
Thereupon the plaintiff in the writ moved
the Court to have the writ amended so as
to make it returnable to the Circuit Court
instead of before said Willis, Justice of the
Peace, and the motion was sustained.
The cause was then submitted to jury
on an agreed state of facts, who returned
a verdict in the usual form for an action of
assumpsit for $15O-and the Court there
upon rendered apersOnal judgment against
for the amount of the YER
dict. Breckenridge moved to set aside the
judgment and dismiss the cause for want of
jurisdiction. There is no evidence in the
record that Breckenridge took any part in |
The Circuit Court in this cause, except to
make the motion to dismiss foa want of i'll
'isdictiOn
On the evidence, the Circuit Judge found
against the defendants in error, except
Rosa johnson, and rendered Judgment on
Ter claim for the return of the cotton, Oh
he payment of $3.50.
From this Judgment, Breckenridge sued
ut writ of error,
j. ID. Nertner, for plaintiff in error.
a. j. Lewis, for defendant in error.
GEORGE, CD,
leld-
i. We think the Court erred i'm rendarino
ldgment against Breckenridge, The writ
nder which the cotton was seized for
lalntlH s benefit benefit was void. On its 4
ice 1t demanded debt beyond the iuris-
lctlon OF Justice of the Peace, If was
lereIOre VOID on its face and furnished
0 authority to the Sheriff to do any act
hatever under it. He was trespasser
Timing the cotton, and his act did not
ssiOn. VI P0s-
:. The Sheriff had no authority to return
e writ. to the Circuit Court. The writ
AMY commanded its return to another
urt, and if it had any force whatever. it,
ect was 10 allow return nowhere else
an into the court named i'm it. =,
.. The motion of Breckenridge in tbe ii
rcult Court to dismiss the writ for want
jurisdiction was no waiver of its nullifv. N
was on the contrary an assertion of Il
the writ was illegally returned into the h.
rcuit Court. that Court had no iurisdic- 70
N 10 amend it. Where a writ is com
'nced in court having no iurisdiction
= !, not 10 IN me power of its ministerial Off
) Jurisdiction. WHICH N
reversed and Judgment here for plaintiff
error sto