Rodgers v. City of Hattiesburg
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Jack Rodgers was convicted of violating an ordinance of the City of Hattiesburg and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Forrest county. Hon. Paul B. Johnson, Judge. Jack Rodgers was convicted of violating an ordinance of the City of Hattiesburg and appeals. The facts are fully stated in the opinion of the court. This court has but one thing to do in this case and that is to declare the judgment appealed from null and void on the ground that the record of the police justice court is not certified in the manner required by section 86 of the Code of 1906. This requirement is jurisdictional and without it the circuit court is absolutely without authority to try the case. Section…
1Opinion of the CourtAnderson, J.
The appellant, Rodgers, was convicted before the police justice of the city of Hattiesburg, under an ordinance of said city, of the unlawful sale of intoxicating liquors, and appealed'to the circuit court, where he was again convicted and prosecutes an appeal to this court.
On the appeal to the circuit court, the copy of the record of proceedings before the police justice was certified to by the city clerk, and not by the police justice. Sections 84 and 85, Code of 1906, as construed in City of Greenwood v. Weaver, 50 South. 98, and Allen v. State, 53 South. 498, required this certificate to…
2Cases cited5 opinions
- Ball v. SledgeMississippi Supreme Court · 1903
- Allen v. StateMississippi Supreme Court · 1910
- Gardner v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1900
- Ruff v. MontgomeryMississippi Supreme Court · 1903
- Calhoun v. StateMississippi Supreme Court · 1905
3Cited by16 opinions
- Board of Trustees v. BrewerMississippi Supreme Court · 1999
- Brasham v. StateMississippi Supreme Court · 1925
- Cawthon v. StateMississippi Supreme Court · 1911
- Waits v. Black Bayou Drainage Dist.Mississippi Supreme Court · 1939
- Xydias v. PellmanMississippi Supreme Court · 1919
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