Moore v. Love

Decided May 15, 1882

Mississippi Supreme Court · decided 1882-05-15

Appellant, Moore, sued out a writ of attachment in a justice of tbe peace court against one Everett, wbicb was levied on two bales of cotton as tbe property of… Held: in Eenn v. Harrington, that the demand determines the jurisdiction. In this case the jurisdiction was settled by the demand, and then all presumptions in favor of the correctness of the proceedings applied that apply to any other courts of record, and its judgment must remain valid until superseded by appeal.

Relies on Fenn v. Harrington · Martin v. Harden

Affirmed, · Decided 1882-05-15

¶1Opinion.

Campbell, C. J.:

¶2The case is determinable by the rule announced in Martin v. Harden, 52 Miss. 694.

¶3The case of Fenn v. Harrington, 54 Miss. 733, furnishes tho rule applicable to cases in which it is uncertain what is the principal of the amount in controversy, and not to those in which the facts are not in dispute, and where computation will show exactly what is the principal of the amount sued for.

¶4We agree with counsel for the appellant as to the duty to indulge every presumption not inconsistent with the record of the validity of the judgment, but the record plainly shows that the case was not within the jurisdiction of the justice of the peace, and that the judgment is, therefore, void.

¶5Affirmed.