Novite v. Ham Pong

DISSENTING- OPINION OP

QUARLES, J.

In my opinion, on an appeal in a summary possession case from a district court to the circuit court, the case being tried de novo, the position of the parties is not changed and any step which could properly be taken in the district court *72by the defendant can be taken in the circuit court. In my opinion the plea to the jurisdiction, filed by the defendant in this case in the circuit court, ousted that court of jurisdiction. Where the district court had no jurisdiction, the circuit court on appeal has none. This rule was decided in Lewers & Cooke v. Redhouse,…