Kramer v. Holster
Mississippi Supreme Court
Error to the Circuit Court of Clarke County. Hon. J. M. Arnold, Judge. Joseph Holster brought an action against Charles Kramer, before a justice of the peace, and on August 27, 1872, a judgment was rendered for the defendant. On September 3, 1872, Holster appealed to the Circuit Court; and in December, 1872, that court rendered a judgment against Kramer for $104.30. On April 13, 1876, an execution was issued on the judgment.
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Error to the Circuit Court of Clarke County. Hon. J. M. Arnold, Judge. Joseph Holster brought an action against Charles Kramer, before a justice of the peace, and on August 27, 1872, a judgment was rendered for the defendant. On September 3, 1872, Holster appealed to the Circuit Court; and in December, 1872, that court rendered a judgment against Kramer for $104.30. On April 13, 1876, an execution was issued on the judgment. Kramer then filed an esparte petition for a writ of supersedeas, stating that the appeal from the judgment of the justice of the peace was not taken till seven days after…
1Opinion of the CourtCampbell, J.
The appeal from the judgment of the justice of the peace, after' the expiration of five days from the date of the judg*247ment, was void, and did not vest the Circuit Court with jurisdiction to try the case. Code, sec. 1332.
The prescribed time is a limitation of the jurisdiction of the Circuit Court, and is not a mere statute of limitations to be pleaded by the opposite party. No citation or notice is provided for in such appeals. The right to appeal is given, to be exercised, upon prescribed terms, within five days, during which the other party is supposed and required to be cognizant of an…
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