Polk v. City of Hattiesburg
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. On Suggestion of Error. For former opinion see 69 So. 675. It is contended that there was no appeal in this case to the circuit court because no petition for appeal was filed as required by section 95, Code 1906. We fail utterly to grasp the force of this contention, or to see wherein this section has the slightest bearing on the case in hand.
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Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. On Suggestion of Error. For former opinion see 69 So. 675. It is contended that there was no appeal in this case to the circuit court because no petition for appeal was filed as required by section 95, Code 1906. We fail utterly to grasp the force of this contention, or to see wherein this section has the slightest bearing on the case in hand. Section 95 of the Code is confined by its very terms to appeals from judgments of justices of the peace and in cases of unlawful entry and detainer and to that class of cases in…
1Opinion of the CourtStevens, J.
Counsel for appellee suggest error in the majority opinion heretofore rendered, and earnestly contend: First, that “the court had no jurisdiction of this case, because an appeal was not taken from the decision of the mayor and commissioners,” and, second, “the circuit court cannot sign the bill of exceptions for the may- or.” The case is within narrow margins, and the holding of this court as expressed in the majority opinion may have been to some extent misunderstood by counsel. It is argued, that sections 95 and 83 of the Code, construed together, required that appellant should perfect his…
2Cases cited1 opinion
- Roach v. Tallahatchie CountyMississippi Supreme Court · 1900
3Cited by4 opinions
- Reed, Mayor, Etc. v. AdamsMississippi Supreme Court · 1959
- Gill v. WoodsMississippi Supreme Court · 1969
- Wilkinson County v. TilleryMississippi Supreme Court · 1920
- Faison v. City of IndianolaMississippi Supreme Court · 1930