Davis v. Holberg

Decided April 15, 1882

Mississippi Supreme Court · decided 1882-04-15

Motion to dismiss appeal from judgment of the Circuit Court of Noxubee County for fift)’-two dollars, on appeal from a Justice’s Court, where the appellee sued, on July 27, 1880, for fifty dollars, due March 10,1880, and interest, and obtained judgment accordingly The question involved in the motion was decided in the case of Jaclcson v. Whitfield, 51 Miss. 202. This decision has become a rule of practice, and rights have vested under it.

Relies on Jackson v. Whitfield

Good law ✅— No negative treatment on recordhow we know

Decided 1882-04-15

How this case has been cited

Cited by 4 later decisions — most recently October 1931

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chalmers, C. J.,

¶1delivered the opinion of the court.

¶2In the case of Jackson v. Whitfield, 51 Miss. 202, it was held, under § 1334 of the Code of 1871, that no appeal lay to this court in a case originating in the Justice’s Court, unless the sum in controversy amounted to more than fifty dollars, exclu*364sive of interest. We are by no means satisfied of the correctness of this' ruling, and think that as an original question we would have held otherwise. It settled the construction, however, of a statute, which it was perhaps more important should be definitely than correctly settled, since the cases in which the question will arise are not numerous, and there can ordinarily be but a few dollars’ difference either way. Since this construction was placed upon the statute it has been re-enacted by the legislature without change of phraseology. Code 1880, § 2354. We are unwilling to disturb it.

¶3Motion sustained.