D. Callahan & Co. v. Newell
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. The facts are stated in the opinion. 1. Appeals in the circuit court shall be tried anew in a summary way without pleading in writing. Section 2354, Code 1880. And there- are no exceptions made by the provisions of the code referred to between litigants in justice’s court who suffer judgment by default to be rendered against them, and those who appear and plead as to their right of appeal.
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. The facts are stated in the opinion. 1. Appeals in the circuit court shall be tried anew in a summary way without pleading in writing. Section 2354, Code 1880. And there- are no exceptions made by the provisions of the code referred to between litigants in justice’s court who suffer judgment by default to be rendered against them, and those who appear and plead as to their right of appeal. The statute regulating appeals expressly says that “either party may appeal to the circuit court,” and we presume if the…
1Opinion of the CourtCampbell, C. J.
The defendant in a suit before a justice of the peace did not appear and defend it, but within five days after judgment by default against him appealed to the circuit court, where, on motion of the plaintiff, the court dismissed the appeal and rendered final judgment against the defendant aud surety on the appeal bond, refusing to permit any defense because it had not been made before the justice.
This was erroneous. Appeals from judgments of justices of the *439peace are to be tried anew, as if never tried before, and any defense may be set up for the first time in the circuit court. Section 2384…
2Cases cited1 opinion
- Marx v. TrussellMississippi Supreme Court · 1874
3Cited by7 opinions
- Amory Independent Telephone Co. v. CoxMississippi Supreme Court · 1912
- Parker v. SmithMississippi Supreme Court · 1928
- Archer v. HighMississippi Supreme Court · 1942
- National Hardwood Lumber Ass'n v. Gilmore-Puckett Lumber Co.Mississippi Supreme Court · 1951
- City of Meridian v. DavidsonMississippi Supreme Court · 1951
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