Appeal from the circuit court of Leake county.

Hon. J. R. Byrd, Judge.

Suit by E. Carr, sheriff, against Leake county. From a judgment against the county for twenty-five dollars it appeals.

E. Carr, sheriff, sued the county of Leake for ninety-nine dollars in the justice of the peace court on appeal to the circuit court. Judgment for twenty-five dollars-was rendered against the defendant county and it appeals.

Appellee’s motion to dismiss this appeal is not well taken in this: This is not a case originating before a justice of the peace as contemplated by section 86, Code' 1906, and construed by the cases of Ward v. Scott, 57 Miss. 826, and Wimbush v. Ghinault, 58 Miss. 234, but is-a case that originated in the circuit court and from that court attempting under section 2178, Code 1906, to. allow appellee the sum of ninty-nine dollars and fifty cents-out of the county treasury. It was necessary under this-section of the Code, had the allowance been legal, that the allowance of the circuit court be certified to the board of supervisors for their allowance before a warrant could be issued on it. The board of supervisors refused1 to allow the account as presented to them.

This kind of claim against the county is’not contemplated by section 311, Code 1906. This section is intended to cover the claims over which the board of supervisors have full jurisdiction and which are filed first before the board of supervisors, therefore appellee’s remedy was by appeal from the order of the board of supervisors disallowing his account. Ex parte Webb, 49 So. 567; Wilkerson County v. Jones, 52 So. 453; Marshall County v. Lous N. Rivers, for use, etc., 88 Miss. 45'.

Certainly appellant will not be deprived of its right of appeal given it under section 94, Code 1906, under such a subterfuge. This ease as it now stands would be far reaching as against the county should the circuit court continue to so hold.

The reply brief of appellant’s counsel to our brief in support of the motion to dismiss, wherein counsel attempts to escape the consequences of section 86, Code of 1906, while ingenious, still it is not borne out by the record. A bare inspection of the record in this case will ■demonstrate that this suit was brought before Gr. F. McKay, a justice of the peace of Leak county, Mississippi, and that on the trial before him the appellee recovered a small judgment from which the appellant appealed to the ■circuit court, and in that court a like small judgment was rendered in favor of the appellee, hence this appeal to this court.

The latter part of section 86, Code of 1906, reads thus: “In all such cases, where the amount in controversy exceeds the sum of fifty dollars, either party shall be entitled to an appeal to the supreme court, as in cases originating in the circuit court, and the plaintiff may also appeal to the supreme court in cases where the difference between his demand and the judgment in his favor shall exceed said sum.”

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