91 W. Va. 251 | W. Va. | 1922
The relator seeks by this proceeding to prohibit the execu
The action of'unlawful entry and detainer was originally instituted before a justice of the peace by the Crowley-Prairie Realty Company, a corporation, against the relator to recover the possession of certain premises therein described, and one hundred dollars damages for their unlawful detainer. Upon the trial of the action before the justice of the peace plaintiff had judgment for the recovery of the possession of the premises and $86.67 damages for the detention thereof. From this judgment the defendant prosecuted an appeal to the Intermediate Court of Kanawha county, and gave an appeal bond in the penalty of $1400.00 to cover the judgment rendered by the justice and one year’s rent of the premises in controversy, as provided by § 164 of ch. 50 of the Code. The case was not tried in the Intermediate Court for a considerable time after the appeal was taken, and upon the trial in that court the jury found that the defendant unlawfully withheld the possession of the premises sued for, and in addition, as required by the provision of § 218 of ch. 50 of the Code, found that the plaintiff was entitled to recover the sum of $660.00 damages for the detention of the premises up to that time, and upon- this verdict the court rendered the judgment sought to be prohibited.
The contention of the relator is that the jurisdiction of the Intermediate Court of Kanawha county in this case cannot extend any further or include any more than could be included within the jurisdiction of the justice of the peace, and that inasmuch as the jurisdiction of the justice of the peace is limited in suits to recover damages to the sum of $300.00, the Intermediate Court of Kanawha county could not render a judgment for more than $300.00.
It is quite well settled that the circuit court upon an appeal
Was it competent for the legislature to confer the power upon the circuit courts to exercise this jurisdiction in this way? No constitutional limitation is violated. The circuit
The relator insists, however, that the Intermediate Court of Kanawha County is without jurisdiction to render this judgment, contending that its jurisdiction is limited to $500.00. It is true, the statute conferring jurisdiction upon that court limits its original jurisdiction to controversies where the amount involved does' not exceed $500.00, but it also confers upon it jurisdiction of appeals from justices of the peace in all cases where such appeals would lie to the circuit court, in the same manner and under the same regulations as provided by general law for appeals to the circuit court. This provision, we think, confers upon it exactly the same power which would have been possessed by the circuit court had the appeal been to that court.
Finding that the Intermediate Court of Kanawha County did not exceed its jurisdiction in rendering the judgment sought to be prohibited, the writ prayed for is refused.
Writ refused.