Kiernan v. Germaine

62 Miss. 75

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.