Woods v. Davidson
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. The plaintiff in error; who sued in forma pauperis before a justice of the peace, made the usual affidavit for appeal from an adverse decision; but, as she gave no appeal bond, a motion by the defendant in error, in the Circuit Court, to dismiss the appeal, was sustained. All persons who are injured, have,’ by Const., art. I. § 30, a right to sue for redress, which the legislature cannot abridge.
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Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. The plaintiff in error; who sued in forma pauperis before a justice of the peace, made the usual affidavit for appeal from an adverse decision; but, as she gave no appeal bond, a motion by the defendant in error, in the Circuit Court, to dismiss the appeal, was sustained. All persons who are injured, have,’ by Const., art. I. § 30, a right to sue for redress, which the legislature cannot abridge. The fact that the suit is in forma pauperis supersedes the requirement of an appeal bond. Although the plaintiff in error,…
1Opinion of the CourtChalmers, J.
The controlling question presented by the record is, whether a litigant, who has 'commenced a suit in forma pauperis in the Justice’s Court, is entitled to appeal, without bond, from an adverse decision. The Constitution of the State (art. YI. § 23) provides that, “in all causes tried by a justice of the peace, the right of appeal shall be secured, under such rules and regulations as shall be prescribed, by law.” Sect. 1332 of the Code of 1871, in obedience to this provision of the Constitution, prescribes the rules and regulations for such appeals, and declares that “ the party praying such…
2Cited by6 opinions
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- Marshall v. StateMississippi Supreme Court · 1995
- J. R. Watkins Co. v. GuessMississippi Supreme Court · 1944
- Clifton v. ClarkMississippi Supreme Court · 1903
- Jackson County v. MeautMississippi Supreme Court · 1939
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