66 Miss. 106 | Miss. | 1888
delivered the opinion of the court.
The appellee filed with a justice of the peace three several causes of action against the Louisville and Nashville Railroad Company for injury done to his stock on three several occasions. The justice of the peace seems to have docketed the claims as three separate actions, but issued only one subpoena for the defendant. The defendant appeared by counsel in one case and moved to consolidate the three suits, which motion ivas overruled, and thereupon, as the record shows, the justice proceeded to try the claim for damages claimed for the killing of a certain heifer (being one of the claims filed), and gave judgment in favor of plaintiff. The record then proceeding states that the attorney for the company, declining to proceed in the other cases, a judgment by default was rendered against the company for one hundred and thirty-five dollars, being the amount claimed in both of the other claims. In other words tlie justice on the trial of the suit for damages to the heifer, rendered judgment in that case for thirty-five dollars, and at the same time and in the same judgment rendered a judgment in the other two cases for one hundred and thirty-five dollars.
The aggregate sum thus awarded was one hundred and seventy dollars, and the defendant was permitted and did appeal from it as one judgment. In the circuit court he moved to dismiss the cause for want of jurisdiction in the justice of the peace, because the sum demanded exceeded one hundred and fifty dollars. The court, treating the cases as having been independent ones in the justice’s court, overruled the motion, but ordered the cases to be then consolidated and proceeded with the trial, which resulted in a judgment for plaintiff for one hundred and twenty-five dollars, from which this appeal is taken.
Judgment accordingly.