Mann v. Lowry
Mississippi Supreme Court
Error to the Circuit Court of Leake County. Hon. A. G-. Mayers, Judge. The case is sufficiently stated in the opinion of the court.
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Error to the Circuit Court of Leake County. Hon. A. G-. Mayers, Judge. The case is sufficiently stated in the opinion of the court. The opinion is based upon the construction of the latter part of sect. 1332 of the Code of 1871, which is in the following language: “The party praying such appeal [an appeal from the judgment of a justice of the peace] shall give bond, with security, to be approved by said justice, payable to the opposite party, in the penalty of two hundred dollars, conditioned for the payment of such judgment as the Circuit Court may render against him, and such appeal, when…
1Opinion of the CourtChalmers, C. J.
The executrix brought her action of replevin in a justice’s court, and, having been there defeated, appealed to the Circuit Court without giving bond. A motioix by the defendant in that court to dismiss the appeal was overruled upon the ground that executors and administrators were not required to give appeal-bonds, and, a trial de novo being had, which resulted in a judgment for the executrix, the defendant appeals to this court.
We examined, in Campbell v. Doyle, 57 Miss. 292, the question of whether executors and administrators could appeal without bond, and reached the conclusion that they…
2Cases cited1 opinion
- Campbell v. DoyleMississippi Supreme Court · 1879
3Cited by1 opinion
- Conservatorship of Harris v. KingMississippi Supreme Court · 1985