James v. Woods
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. On the 4th of April, 1888, A. A. Woods brought an action against Peter James, before a justice of the peace, upon a demand for $143.50. The defendant was summoned to appear on the 14th day of that month. He did not appear at that time, but sent by his son who did attend, an appeal bond and a petition for an appeal to the Circuit Court.
Read the full summary
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. On the 4th of April, 1888, A. A. Woods brought an action against Peter James, before a justice of the peace, upon a demand for $143.50. The defendant was summoned to appear on the 14th day of that month. He did not appear at that time, but sent by his son who did attend, an appeal bond and a petition for an appeal to the Circuit Court. The petiton for appeal and the bond bear date of the 14th of April, 1888, but the affidavit qualifying the suri ties on the bond was dated the 13 th of April, 1888. The bond was, in…
1Opinion of the Court
Arnoxíd, C. J.,
delivered the opinion of the Court.
Appellant had given an appeal-bond with security, approved by the justice of the peace, and should have been allowed to give a new bond, as he offered to do, if the bond given had been defective in any respect. Code, Sec. 2353; Gaddis v. Palmer, 60 Miss., 758.
But it not perceived that the irregularity of the appeal-bond, being executed and approved before the judgment appealed from was rendered, vitiated the bond. The bond had the effect which one regularly executed and approved would have had, and it was available to protect appellee for all…
2Cases cited1 opinion
- Gaddis v. PalmerMississippi Supreme Court · 1883
3Cited by7 opinions
- Simpson Et Ux. v. PoindexterMississippi Supreme Court · 1961
- Moller-Vonderboom Lumber Co. v. Board of Sup'rsMississippi Supreme Court · 1925
- Niblett v. StateMississippi Supreme Court · 1897
- Mullins v. WebbOhio Court of Appeals · 1927
- Williams v. JohnsonMississippi Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.