Kiernan v. Germaine

Mississippi Supreme Court

Kiernan v. Germaine

62 Miss. 75

CourtMississippi Supreme Court

DecidedOctober 15, 1884

StatusPublished

Cited by1 cases

This text of 62 Miss. 75 (Kiernan v. Germaine) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kiernan v. Germaine, 62 Miss. 75 (Mich. 1884).

Pincite

Opinion

Campbell, C. J.,

delivered the opinion of the court.

It is settled that unless the amount in controversy, exclusive of interest, exceeds fifty dollars an appeal does not lie to this court in a case begun before a justice of the peace (Davis v. Holberg, 59 Miss. 362); and it must follow that the damages given by statute as an incident to a recovery in the circuit court against a defendant who is appellant are to be excluded in determining the sufficiency of the amount in controversy to entitle the party to an appeal to this court.

Motion sustained.

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Campbell, C. J.,

delivered the opinion of the court.

It is settled that unless the amount in controversy, exclusive of interest, exceeds fifty dollars an appeal does not lie to this court in a case begun before a justice of the peace (Davis v. Holberg, 59 Miss. 362); and it must follow that the damages given by statute as an incident to a recovery in the circuit court against a defendant who is appellant are to be excluded in determining the sufficiency of the amount in controversy to entitle the party to an appeal to this court.

Motion sustained.

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Bluebook (online)

62 Miss. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiernan-v-germaine-miss-1884.

Opinion

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