Rowe v. Cannon
Mississippi Supreme Court
Erom tbe circuit court of, second district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Cannon, appellee, was plaintiff in the court below, and Rowe, appellant, was defendant there. The suit was begun in a justice’s court where a judgment after a trial was rendered in defendant’s favor. Erom this judgment the plaintiff, Cannon, duly appealed to the circuit court.
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Erom tbe circuit court of, second district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Cannon, appellee, was plaintiff in the court below, and Rowe, appellant, was defendant there. The suit was begun in a justice’s court where a judgment after a trial was rendered in defendant’s favor. Erom this judgment the plaintiff, Cannon, duly appealed to the circuit court. When the case came on for trial in the circuit court, Rowe, the defendant, was not present and a judgment in plaintiff’s favor was rendered against him, from which he appealed to the supreme court. The circuit court has…
1Opinion of the CourtCalhoon, J.
The bond having been given by plaintiff for appeal to the circuit court from the justice of the peace (Code 1892, § 82), and the certified copy of the record, with the original papers and process and original appeal bond, being sent up to the circuit court (Code 1892, § 84), the case stood for trial de novo, without new process to the appellee in that court. None was necessary, because no statute requires it. The case did not .stand as a new action, requiring “due process of law.” It was, *103by the appeal, still a pending action, requiring no process additional to that before tbe justice of tbe…
2Cited by1 opinion
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