Mississippi Power Co. v. Russell

• Decision Date: 26 February 1934
• Docket Number: 31087
• Citation: 152 So. 847,169 Miss. 36
• Court: Mississippi Supreme Court
• Parties: MISSISSIPPI POWER CO. v. RUSSELL

152 So. 847

169 Miss. 36

MISSISSIPPI POWER CO. v. RUSSELL

No. 31087

Supreme Court of Mississippi

February 26, 1934

Division A

1. JUSTICES OF THE PEACE.

Justice of peace has jurisdiction of replevin suit, where value of property, as alleged in affidavit, does not exceed two hundred dollars, unless fraudulently undervalued therein for purpose of conferring jurisdiction.

2. APPEAL AND ERROR.

Supreme Court must presume that evidence Justifying judgment appealed from was introduced, where neither judgment nor record discloses evidence heard by trial court.

HON. W A. WHITE, Judge.

APPEAL from circuit court of Jackson county, HON. W. A. WHITE Judge.

Action of replevin by the Mississippi Power Company against H. Minor Russell. From a judgment of dismissal, plaintiff appeals. Affirmed.

Affirmed.

Eaton & Eaton, of Gulfport, and Wilbourn, Miller & Wilbourn, of Meridian, for appellant.

The test of the jurisdiction is not the value of the property as found by the jury, but the value as alleged in the affidavit, unless the property therein is knowingly overvalued or undervalued for jurisdictional purposes.

Johnson v. Tabor, 57 So. 365; Ball v. Sledge, 82 Miss. 749, 35 So. 447; Brumfield v. Hoover, 43 So. 951, 90 Miss. 502; Thompson v. Poe, 61 So. 656.

It will be noted that in the case at bar there is no evidence whatever that the appellant endeavored to undervalue the property replevied in order to defeat the jurisdiction of any court.

S. C. Broom, of Jackson, for appellee.

The jurisdiction of justice of the peace courts is conferred by section 171 of the Constitution of 1890, and in all civil cases it is therein provided, "The jurisdiction of justices of the peace shall extend to cases in which the principal amount in controversy shall not exceed the sum of two hundred dollars, . . ."

Illinois Central R. R. v. Brookhaven Machine Co., 71 Miss. 663; Rich v. Calhoun, 12 So. 707.

The only judgment that can be rendered in a suit in replevin is for the return of the property levied on, or its value as found by the trial court, and reasonable damages for its wrongful detention, if any.

We submit that the circuit court was correct in dismissing this suit, and that its action should be sustained.

OPINION

Smith, C. J.

The appellant sued out a writ of replevin before a justice of the peace by which it sought to recover a Hot Point water heater valued in the affidavit at forty dollars, and an electric range valued in the affidavit at sixty dollars. The officer executed the writ, took the property into his possession, and, on the defendant, appellee here, giving bond therefor, surrendered the possession to him.

Afterwards, the appellant--without necessity therefor--filed a declaration in replevin in the justice of the peace court, in which, in addition to the recovery of the property, it prayed for damages for the detention thereof.

There appears in the record, without any intimation as to how it got there, it not being referred to as an exhibit either to the affidavit or the declaration, a sales contract from which it appears that the appellant sold to the appellee a water heater valued at one...