USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 32
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Application of the section. Barrett v. Carter, 69 Miss., 593 (13 So., 625).
The Supreme Court is not precluded by the section from reversing a decree enjoining a number of actions for the destruc- tion of property by fire on the idea of preventing a multiplicity
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of suits, the question in such case being merely as to the power of any court to join the parties in one suit. Tribette v. Illinois, etc., R. R. Co., 70 Miss., 182 (12 So., 32).
The prohibition of the section is not confined to final judgments or decrees, but applies also to appeals from interlocutory ones where the question of jurisdiction is directly raised. Cazeneuve v. Curell, 70 Miss., 521 (13 So., 32).
If the chancery court erroneously assume jurisdiction of an action of trespass the Supreme Court is powerless to interfere. Ib.
A judgment of the circuit court in favor of a claimant will not, under the section, be reversed because his title was only an equitable one. Goyer, etc., Co., v. Wildberger, 71 Miss., 438 (15 So., 235).
The section is not applicable to a decree appointing a receiver, void because made on the ex parte application of a debtor, such unauthorized proceeding not being a "cause" within its mean- ing. Whitney v. Bank, 71 Miss., 1009 (15 So., 33).
The section exempts decrees in chancery and judgments of the circuit court from collateral attack on the ground of want of jurisdiction as between equity and common law. Ib.
Where a chancery court entertains jurisdiction of a case the question whether it were or were not equitable in character does not arise, by virtue of the section, in the Supreme Court. Adams v. Bank, 74 Miss., 307 (20 So., 881).
If the chancery court overrule a demurrer to a bill, raising the question of its jurisdiction, to subject specific property to the payment of a judgment at law, the record of which judgment has been destroyed, the Supreme Court cannot, under the section, review such question, there being no other error found in the record. Day v. Hartman, 74 Miss., 489 (21 So., 302).
The circuit court having entertained jurisdiction of a suit, an action of ejectment, the Supreme Court cannot because of the section reverse its judgment, even if, by Sec. 160, the remedy in the particular case should have been sought in the chancery court. Illinois, etc., R. R. Co. v. LeBlanc, 74 Miss., 650 (21 So., 760).
The section deprives the Supreme Court alone of power; a chancery court may rightfully dismiss a cause the jurisdiction of which properly belongs to a court of law. Carbolineum, etc., Co. v. Meyer, 76 Miss., 586 (25 So., 297).
The section does not apply to cases in which either the circuit or chancery court entertains a cause, being neither of equity or common law jurisdiction, of which it has no jurisdiction. Levee Commissioners v. Brooks, 76 Miss., 635 (25 So., 358).
Section cited in support of chancery jurisdiction. Atkinson v. Felder, 78 Miss., 83 (29 So., 767).
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If a chancery court overrule a demurrer to a cross-bill, the Supreme Court cannot, under the section, reverse the decree because of any error or mistake as to whether the matters therein propounded be of equity or common law jurisdiction. Irion v. Cole, 78 Miss., 132 (28 So., 803).
When a court of equity has taken jurisdiction of a proceed- ing to compel an agent to account for misappropriation of funds, its decree will not be disturbed on appeal on the ground that the complainant had a complete remedy at law. Decell v. Oil Mill, 83 Miss., 346 (35 So., 761).
A decree in chancery will not be reversed on the ground merely that there was an adequate remedy at law. Hancock v. Dodge, 85 Miss., 228 (37 So., 711).
On the reversal of a final decree in a cause of which the chan- cery court had no jurisdiction, instead of remanding the cause to the court having jurisdiction the Supreme Court will dismiss it, if it appears that the complainant has no cause of action. Griffin v. Byrd, 74 Miss., 32 (19 So., 717).
The Supreme Court is forbidden by this section to reverse a decree of the chancery court because of any error or mistake as to whether the case was of equity or common law jurisdiction. Hancock v. Dodge, 85 Miss., 228 (37 So., 711).
Under this section a personal judgment against the members of a firm for a firm debt rendered in a suit to set aside alleged fraudulent conveyances by them does not constitute reversible error. Holmes v. Ferguson, 86 Miss., 782 (39 So., 70).
SEC. 148. The Supreme Court shall be held twice in each year at the seat of government, at such time as the Legislature may provide.
(1832, Art. IV, Sec. 7; 1869, Art. VI, Sec. 7.)
SEC. 149. The term of office of the judges of the Supreme Court shall be nine years. The office of one of said judges shall be vacated in three years, one in six years, and one in nine years, so that at the expiration of every three years one of said judges shall be appointed as aforesaid.
(1869, Art. IV, Sec. 3.)
SEC. 150. No person shall be eligible to the office of judge of the Supreme Court-who shall not have attained the age of thirty years at the time of his appointment, and who shall not have been a practicing attorney and a citizen of the State for five years immediately preceding such appointment.
(1832, Art. IV, Sec. 6; 1869, Art. VI, Sec. 6.)
SEC. 151. All vacancies which may occur in said court from death' resignation, or removal shall be filled by appointment as aforesaid; but if a vacancy shall occur during the recess of the Legislature, the Governor shall appoint a successor, who shall hold his office until the end of the next session of the Senate, unless his nomination shall be sooner rejected.
(1869, Art. VI, Sec. 5.)
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SEC. 152. The Legislature shall divide the State into convenient circuit and chancery court districts.
(1832, Art. IV, Sec. 13; 1869, Art. VI, Sec. 13.)
The subject of legislative power to create new counties, divide counties into judicial districts, and remove seats of justice of such districts discussed. Hinton v. Perry Co., 84 Miss., 537 (36 So., 565).
SEC. 153. The judges of the circuit courts and of the chancery courts shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold their offices for the term of four years.
(1869, Art. VI, Sec. II.)
The Governor has no power, under this section, to appoint a judge to a full term upon the expiration of a preceding one dur- ing a recess of the Senate. Christian v. Gibbs, 53 Miss., 314. (See Sec. 177.)
SEC. 154. No person shall be eligible to the office of judge of the circuit court or of the chancery court who shall not have been a practicing lawyer for five years, and who shall not have attained the age of twenty- six years, and who shall not have been five years a citizen of this State.
(1832, Art. IV, Sec. 12; 1869, Art. VI, Sec. 12.).
The official acts of a de facto judge are valid. Brady v. Howe, 50 Miss., 607.
SEC. 155. The judges of the several courts of this State shall, before they proceed to execute the duties of their respective offices, take the following oath or affirmation, to wit: "I,- , solemnly swear [or affirm] that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as --- -according to the best of my ability and understanding, agree- ably to the Constitution of the United States and the Constitution and . laws of the State of Mississippi. So help me God."
SEC. 156. The circuit court shall have original jurisdiction in all matters .civil and criminal in this State not vested by this Constitution in some other court, and such appellate jurisdiction as shall be prescribed by law.
(1832, Art. IV, Sec. 14; 1869, Art. VI, Sec. 14.)
The circuit court has jurisdiction where there is no other legal remedy. Madison Co. v. Alexander, Walker, 523; Planters Ins. Co. v. Cramer, 47 Miss., 200.
Matters "civil" mean of common law nature. Bell v. West Point, 51 Miss., 262.
The circuit court, on an appeal or certiorari from a justice of the peace, has such jurisdiction only as the justice had. Glass v. Moss, 9 How. (Miss.), 519; Crapoo v. Grand Gulf, 9 Smed. & M., 205; Steir v. Surget, 10 Smed. & M., 154; Schofield v. 39
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Persons, 26 Miss., 402; Askew v. Askew, 49 Miss., 301; Bell v. West Point, 51 Miss., 262.
This rule does not apply in unlawful entry and detainer cases. Poston v. Mhoon, 49 Miss., 620.
But the circuit court may consolidate several cases where the parties are the same on both sides, and a single judgment can settle the rights of all. Ammon v. Whitehead, 31 Miss., 99; · Spratley v. Kitchens, 55 Miss., 578; Mclendon v. Pass, 66 Miss., 110 (5 So., 234).
The principal of the amount in controversy at the time suit is brought, after deducting credits, if any, is the test of jurisdic- tion. Martin v. Harding, 52 Miss., 694.
Garnishment is not an original suit, and the circuit court may issue and render judgment thereon for amounts within justice jurisdiction. Martin v. Harvey, 54 Miss., 685.
A claimant's issue is not an original suit. Bernheimer v. Martin, 66 Miss., 486 (6 So., 326).
The original jurisdiction of the circuit court can be made by statute to embrace contested election causes. Hull v. Lyon, 59 Miss., 218.
Where jurisdiction is given to a court by the Constitution, it cannot be conferred exclusively on any other court by the Legislature. Montross v. State, 61 Miss., 429.
The pleadings, where honest, fix and determine the amount in controversy. Fenn v. Harrington, 54 Miss., 733.
SEC. 157. All causes that may be brought in the circuit court whereof the chancery court has exclusive jurisdiction shall be transferred to the chancery court.
SEC. 158. A circuit court shall be held in each county at least twice in each year, and the judges of said courts may interchange circuits with each other in such manner as may be. provided by law.
(1832, Art. IV, Sec. 15; 1869, Art. VI, Sec. 15.)
This section does not preclude the assignment of several judges to the same district. Price v. Anderson, 65 Miss., 410 (4 So., 96).
Notwithstanding the provisions of this section authorizing the Legislature to provide for the interchange of circuit judges, and notwithstanding the further fact that no similar constitu- tional provision respecting chancellors exists, Section 458 of the Code of 1892 (Code 1906, Sec. 507) is constitutional. First National Bank v. Block, 82 Miss., 197 (33 So., 849).
SEC. 159. The chancery court shall have full jurisdiction in the following matters and cases, viz:
(a) All matters in equity.
(b) Divorce and alimony.
(c) Matters testamentary and of administration.
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(d) Minor's business.
(e) Cases of idiocy, lunacy, and persons of unsound mind.
(f) All cases of which the said court had jurisdiction under the laws in force when this Constitution is put in operation.
(1832 third amendment; 1869, Art. VI, Sec. 16.)
"Full jurisdiction" indicates that where a court takes hold of a subject it ought to dispose of it fully and finally. Bank v. Duncan, 52 Miss., 740 ; Georgia R. R. Co. v. Brooks, 66 Miss., 583 (6 So., 467); Eyrich v. Bank, 67 Miss., 65 (6 So., 615).
(a) All matters·in equity. As a matter of necessity, in order to ascertain the boundaries of the jurisdiction of the courts, reference must be had to the system of jurisprudence prevalent at the time the constitution was adopted, and to the legislation of the State, with a view to which the framers of the Constitu- tion must be understood to have acted. Servis v. Beaty, 32 Miss., 52.
Equity is defined to be that system of justice which was administered by the High Court of Chancery in England. Smith v. Everett, 50 Miss., 575.
The Legislature may confer on the chancery court jurisdiction of legal matters in aid of its authority over the principal matter of an equitable nature. Bank v. Duncan, 52 Miss., 740; Buie v. Pollock, 55 Miss., 309.
Where suit is upon a note stipulating for an attorney's fee, if suit be necessary to collect it, in the chancery court, that court has full jurisdiction to fix the quantum of the fee and include it in the decree. Eyrich v. Bank, 67 Miss., 60 (6 So., 615).
(d) Minor's business. The jurisdiction of the chancery court extends to the allowance of an attorney's fee out of an infant's estate for services rendered in the recovery of the estate. Epper- son v. Nugent, 57 Miss., 45.
A court of chancery has jurisdiction to decree an account for profits and rents of land against a disseizor, where the complainants, or some of them, are infants. Carmichael v. Hunter, 4 How. (Miss.), 308; Wathen v. Glass, 54 Miss., 382.
And so if the complainant be of unsound mind. Robinson v. Burritt, 66 Miss., 356 (6 So., 206).
A complainant who has appealed from a decree denying his right to cancel his adversary's title to land may, under the section and the next one, enjoin his adversary, if insolvent, from cutting timber thereon, pending the appeal, the trees constituting its chief value. Woods v. Riley, 72 Miss., 73 (18 So., 384).
The section confers jurisdiction of bills by creditors without judgments to vacate fraudulent conveyances (Code 1880, § 1843); nor is such jurisdiction affected by Sec. 31. McBride .... v. State Revenue Agent, 70 Miss., 716 (12 So., 699).
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Although jurisdiction of minor's business is by this section conferred on the chancery court, it still pertains to the Legis- lature as parens patric to prescribe rules and regulations for the management, superintendence and disposition of the property of those under disability. Railroad Co. v. Blythe, 69 Miss., 939 (II SO., III).
NOTE: Sec. 532 of the Code is practically the counterpart of this section of the Constitution. Hence cases applicable to that section of the Code are applicable to the section of the Constitution. The annotations under that section of the Code `should therefore be examined.
SEC. 160. And in addition to the jurisdiction heretofore exercised by the chancery court in suits to try title and to cancel deeds and other clouds upon title to real estate, it shall have jurisdiction in such cases to decree possession, and to displace possession; to decree rents and compensation for improvements and taxes; and in all cases where said court heretofore exercised jurisdiction, auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted or the legal title estab- lished by a suit at law.
A complainant who has appealed from a decree denying his right to cancel his adversary's title to land may, under the sec- tion and the next one, enjoin his adversary, if insolvent, from cutting timber thereon, pending the appeal, the trees constituting its chief value. Woods v. Riley, 72 Miss., 73 (18 So., 384).
The section dispenses with the necessity for exhausting legal remedies before invoking the jurisdiction of equity. Whitney v. Bank, 71 Miss., 1009 (15 So., 33).
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The circuit court having entertained jurisdiction of a case the remedy in which should have been sought, under the section, in . the chancery court, its judgment will not be reversed because of Sec. 147 by the Supreme Court. Illinois, etc., R. R. Co. v. Le Blanc, 74 Miss., 650 (21 So., 760).
The section does not confer jurisdiction on the chancery court of a suit on the bond of a sheriff who has made an exces- sive levy under an attachment. Cazeneuve v. Curell, 70 Miss., 521 (13 So., 32).
The section embraces only technical trusts, where a bond is required by law. Bernard v. Sykes, 72 Miss., 297 (IS So., 450).
SEC. 161. And the chancery court shall have jurisdiction, con- current with the circuit court, of suits on bonds of fiduciaries and public officers for failure to account for money or property received, or wasted or lost by neglect or failure to collect, and of suits involving inquiry into matters of mutual accounts; but if the plaintiff brings his suit in the circuit court, that court may, on application of the defendant, transfer the cause to the chancery court, if it' appear that the accounts to be investigated are mutual and complicated.
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The section does not confer jurisdiction on the chancery court of a suit on the bond of a sheriff who has made an exces- sive levy under an attachment. Cazeneuve v. Curell, 70 Miss., 521 (13 So., 32).
The section embraces only technical trusts, where a bond is required by law. Barnard v. Sykes, 72 Miss., 297 (18 So., 450).
SEC. 162. All causes that may be brought in the chancery court whereof the circuit court has exclusive jurisdiction shall be transferred to the circuit court.
SEC. 163. The Legislature shall provide by law for the due certifica- tion of all causes that may be transferred to or from any chancery court or circuit court, for such reformation of the pleadings therein as may be necessary, and the adjudication of the costs of such transfer.
SEC. 164. A chancery court shall be held in each county at least twice in each year.
(1869, Art. VI, Sec. 17, and third amendment.)
SEC. 165. No judge of any court shall preside on the trial of any cause where the parties or either of them shall be connected with him by affinity or consanguinity, or where he may be interested in the same, except by the consent of the judge and of the parties. Whenever any judge of the Supreme Court or the judge or chancellor of any district in this State shall, for any reason, be unable or disqualified to preside at any term of court, or in any case where the attorneys engaged therein shall not agree upon a member of the bar to preside in his place, the Governor may commission another, or others, of law knowledge to pre- side at such term or during such disability or disqualification in the place of the judge or judges so disqualified. Where either party shall desire, the Supreme Court, for the trial of any cause, shall be composed of three judges. No judgment or decree shall be affirmed by disagreement of two judges constituting a quorum.
(1832, Art. IV, Sec. 9.)
The section does not disqualify a judge because of a general interest in a public proceeding which he feels in common with the mass of citizens. Ferguson v. Brown, 75 Miss., 214 (21 So., 603).
The special judge appointed hereunder, and not the regular judge, must approve the stenographer's notes. Lopez v. Jackson, 79 Miss., 460 (31 So., 206).
SEC. 166. The judges of the Supreme Court, of the circuit courts, and the chancellors shall receive for their services a compensation to be fixed by law, which shall not be increased or diminished during their continuance in office.
(1832, Art. IV, Sec. 10; 1869, Art. VI, Secs. 10 and 15.)
· The Legislature cannot, under the section, provide that the pay of a special judge shall be deducted from the salary of the
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regular judge in whose stead he has served. Holder v. Sykes, 77 Miss., 64 (24 So., 261).
SEC. 167. All civil officers shall be conservators of the peace, and shall be by law vested with ample power as such.
(1817, Art. V, Sec. 12; 1832, Art. IV, Sec. 22; 1869, Art. VI, Sec. 22.)
SEC. 168. The clerk of the Supreme Court shall be elected as other State officers, for the term of four years, and the clerk of the circuit court and the clerk of the chancery court shall be selected in each county in the manner provided by law, and shall hold office for the term of four years, and the Legislature shall provide by law what duties shall be performed during vacation by the clerks of the circuit and chancery courts, subject to the approval of the court.
(1869, Art. VI, Sec. 19.)
The statute (Code 1880, Sec. 396; Code 1892, Sec. 3051 ; Code . 1906, Sec. 3458) did not apply, under Sec. 16, Art. VI, Constitu- tion of 1869, to the terms of the clerks of the circuit and chanc- ery · courts. Andrews v. Covington, 69 Miss., 740 (13 So., 853).
SEC. 169. The style of all process shall be "The State of Mississippi," and all prosecutions shall be carried on in the name and by authority of the "State of Mississippi," and all indictments shall conclude "against the peace and dignity of the State."
(1817, Art. V, Sec. 13; 1832, Art. IV, Sec. 17; 1869, Art. VI, Sec. 18.)
The section refers to criminal prosecutions for the violation of State laws, and not for the violation of town ordinances. Alexander v. Town Council, 54 Miss., 659.
An affidavit for the prosecution of an offender is fatally defec- tive when it fails to conclude as required by the section. Love v. State, 8 So., 465.
An indictment not so concluding is void. State v. Morgan,
79 Miss., 659; Miller v. State, 81 Miss., 162 (32 So., 951).
SEC. 170. Each county shall be divided into five districts. A resident freeholder of each district shall be selected, in the manner prescribed by law, and the five so chosen shall constitute the board of supervisors of the county, a majority of whom may transact business. The board of Supervisors shall have full jurisdiction over roads, ferries, and bridges, to be exercised in accordance with such regulations as the Legislature may prescribe, and perform such other duties as may be required by law. The clerk of the chancery court of each county shall be clerk of the board of supervisors.
(1832, Art. IV, Sec. 20 and second amendment; 1869, Art. VI, Sec. 20.)
The board can do valid acts only as empowered by law. Howe v. State, 53 Miss., 57.
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The jurisdiction over roads, ferries and bridges can be regu- lated by law, but it cannot be taken away. Board v. Arrighi, 54 Miss., 668; Paxton v. Baum, 59 Miss., 531 ; Seal v. Donnelly, 60 Miss., 658.
History of legislation, constitutional and statutory, relating to the jurisdiction of the board of supervisors reviewed. Mon- roe County v. Strong, 78 Miss., 565 (29 So., 530).
The Legislature may invest the boards of supervisors with the right to regulate the taking of fish in their respective counties. Ex parte Fritz, 86 Miss., 210 (38 So., 722).
SEC. 171. A competent number of justices of the peace and constables shall be chosen in each county in the manner provided by law, for each district, who shall hold their office for the term of four years. No person shall be eligible to the office of justice of the peace who shall not have resided two years in the district next preceding his selection. The juris- diction of justices of the peace shall extend to causes in which the prin- cipal amount in controversy shall not exceed the sum of two hundred dollars; and they shall have jurisdiction concurrent with the circuit court over all crimes whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail; but the Legislature may confer on the justices of the peace exclusive jurisdiction in such petty misdemeanors as it shall see proper. In all causes tried by a justice of the peace, the right of appeal shall be secured under such rules and regulations as shall be prescribed by law, and no justice of the peace shall preside at the trial of any cause where he may be interested, or the parties or either of them shall be connected with him by affinity or con- sanguinity, except by the consent of the justice of the peace and of the parties.
(1817, Art. V, Sec. 8; 1832, Art. IV, Sec. 23; 1869, Art. VI, Sec. 23.)
An account, though embracing various items, cannot be divided so as to give jurisdiction. Grayson v. Williams, Walker, 298; Pittman v. Chrisman, 59 Miss., 124.
But plaintiff need not embrace in the same suit independent causes of action, though all may be due. Ash v. Lee, 51 Miss., IO1; Pittman v. Chrisman, 59 Miss., 124; Mclendon v. Pass, 66 Miss., 110 (5 So., 234); Drysdale v. Biloxi, etc., 67 Miss., 534 (7 So., 541).
The following cases on the subject are expressly overruled. Schofield v. Pensons, 26 Miss., 402; Mobile R. R. Co. v. State, 5I Miss., 137; and it seems Morris v. Shryock, 50 Miss., 590. - In computing the amount in controversy, costs, damages, and interest are excluded. New Orleans R. R. Co. v. Evans, 49 Miss., 785; Jackson v. Whitfield, 51 Miss., 202.
The justices of the peace have jurisdiction to try claimant's issue although the value of the property exceeds two hundred dollars. Bernheimer v. Martin, 66 Miss., 486 (6 So., 326).
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The amount in controversy is not limited to actions on con- tracts. Bell v. West Point, 51 Miss., 262; Higgins v. DeLoach, 54 Miss., 498.
In suits upon penal bonds, jurisdiction is determined by the amount of damages honestly claimed. Shattuck v. Miller, 50 Miss., 386; State v. Lucky, 51 Miss., 528.
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