Ruff v. Montgomery
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. PerriN H. Lowrey, Judge. Buff, appellant, was plaintiff, and Montgomery, appellee, was defendant in the court below. From a judgment in defendant’s favor, plaintiff sought to appeal to the supreme court. The defects of the record upon which the supreme court acted in dismissing the appeal are fully stated in the opinion of the court.
1Opinion of the CourtCali-iooN, J.
This record discloses no appeal bond from the court of the justice of the peace, nor any record of the proceedings in that court, and so the circuit court was without jurisdiction to entertain the appeal, and therefore the appeal to this court must be dismissed. Gardner v. Railroad, 78 Miss., 643, 29 South., 470. But, in the language of the opinion in that case, “we will rein*185state the case if appellant will, by certiorari> complete his record, but on the condition that the appellant shall pay all the costs of the appeal to this court.”
Appeal dismissed.
[Afterward, tie record having been…
2Cited by6 opinions
- Rodgers v. City of HattiesburgMississippi Supreme Court · 1911
- Brasham v. StateMississippi Supreme Court · 1925
- Waits v. Black Bayou Drainage Dist.Mississippi Supreme Court · 1939
- Xydias v. PellmanMississippi Supreme Court · 1919
- Jones v. StateMississippi Supreme Court · 1929
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