State v. Horst

Circuit Court Judge Meierhenry was acting in magistrate court capacity when she granted Horst a new trial. Therefore, Circuit Court Judge Hurd erred in refusing the appeal and we should reverse and remand.

The circuit court erred in finding that the present appeal could only be heard by this court. The legislature has provided that appeals from magistrate court shall be taken to the circuit court.

Except where appeal is denied by law there shall be a right of appeal to the circuit court from any final order or judgment of the magistrate court and such appeal shall be taken in the manner…