Pearson v. Wilson
Mississippi Supreme Court
Error to the Circuit Court of Yalobusha County. Hon. J. W. C. WatsoN, Judge. At the general election, on the first Tuesday in November, 1879, the plaintiff in error received a certificate of election to the office of sheriff of Yalobusha County, and during the same month was commissioned. The defendant in error, the opposing candidate, filed a petition, under the act of March 5, 1878 (Acts 1878, p. 173), to contest the election, before J. S. Reasons, a justice of the peace.
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Error to the Circuit Court of Yalobusha County. Hon. J. W. C. WatsoN, Judge. At the general election, on the first Tuesday in November, 1879, the plaintiff in error received a certificate of election to the office of sheriff of Yalobusha County, and during the same month was commissioned. The defendant in error, the opposing candidate, filed a petition, under the act of March 5, 1878 (Acts 1878, p. 173), to contest the election, before J. S. Reasons, a justice of the peace. Summons for Pearson and jury process were issued returnable Nov. 29, 1879. On that day the case was continued by…
1Opinion of the CourtCampbell, J.
The appeal by Pearson from the finding of the jury before the justice of the peace was void, because he gave no appeal bond, which was a condition precedent to an appeal. The bond prescribed by Chancellor Fly, and approved, by him, to operate as a supersedeas, is not an appeal bond or a substitute for it. The Circuit Court properly refused the application for leave to amend the appeal, by giving a proper appeal bond. The act of March 5, 1878 (Acts 1878, p. 173), requires, as a condition of the right of appeal, the giving of a bond, within five days, “ in the sum of three hundred dollars, to…
2Cited by6 opinions
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- Farwell v. AdamsIllinois Supreme Court · 1884
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