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528 So. 2d 832

Docket No. 57979.

Dixon v. State

Cliff DIXON v. STATE of Mississippi.

Mississippi Supreme Court

Decided July 13, 1988.

Mississippi Supreme Court · decided 1988-07-13

Key passage — most relied on by later courts

“Cliff Dixon was convicted for petit larceny in justice court in Monroe County and fined $50 on June 10, 1983. He duly noticed his appeal to the circuit court and filed an appearance bond in the amount of $250. Dixon signed the bond, but no signatures of sureties appear on the bond. The bond was approved, however, by the justice court judge. After appeal time had run, the State moved to dismiss the appeal for lack of jurisdiction, in that the bond did not comport with the requirements of §§ 99-35-3, Miss.Code Ann. (1972). The circuit judge granted the State's motion, denying an ore tenus motion by Dixon to amend the bond. Aggrieved, Dixon appeals, arguing that the lower court erred in dismissing his bond. We agree, and reverse the decision of the circuit court to deny Dixon time to amend his bond. Here, the bond, though imperfect, was filed and approved by the justice court judge. The circuit court, upon Dixon's request, should have granted him a hearing and an opportunity to correct any deficiencies. See, Smith v. Boykin, 61 Miss. 110 (1883). We reverse and remand to the circuit court for reinstatement of Dixon's appeal to that court. Dixon is granted thirty (30) days from the date of this opinion in which to tender proper bond, failing which his appeal will be properly dismissed.”

quoted by 2 later decisions, including 856 So. 2d 721 - Riley v. Town of Lambert, 984 So. 2d 1086 - Hill v. City of Wiggins

Relies on Sevier v. Vicksburg & Meridian Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-13

How this case has been cited

Cited by 7 later decisions — most recently September 2016

7 state decisions

301988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Randolph Walker, Walker & Turner, West Point, for appellant.

¶2Edwin Lloyd Pittman and Mike Moore, Attys. Gen., by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

¶3Before HAWKINS, P.J., and SULLIVAN and ZUCCARO, JJ.

¶4HAWKINS, Presiding Justice, for the Court:

¶5Cliff Dixon was convicted for petit larceny in justice court in Monroe County and fined $50 on June 10, 1983. He duly noticed his appeal to the circuit court and filed an appearance bond in the amount of $250. Dixon signed the bond, but no signatures of sureties appear on the bond. The bond was approved, however, by the justice court judge.

¶6After appeal time had run, the State moved to dismiss the appeal for lack of jurisdiction, in that the bond did not comport with the requirements of § 99-35-3, Miss. Code Ann. (1972). The circuit judge granted the State's motion, denying an ore tenus motion by Dixon to amend the bond. Aggrieved, Dixon appeals, arguing that the lower court erred in dismissing his bond. We agree, and reverse the decision of the circuit court to deny Dixon time to amend his bond. Here, the bond, though imperfect, was filed and approved by the justice *833 court judge. The circuit court, upon Dixon's request, should have granted him a hearing and an opportunity to correct any deficiencies. See, Smith v. Boykin,61 Miss. 10 (1883).

¶7We reverse and remand to the circuit court for reinstatement of Dixon's appeal to that court. Dixon is granted thirty (30) days from the date of this opinion in which to tender proper bond, failing which his appeal will be properly dismissed.

¶8REVERSED AND REMANDED.

¶9ROY NOBLE LEE, C.J., DAN M. LEE, P.J., and PRATHER, ROBERTSON, SULLIVAN, ANDERSON, GRIFFIN and ZUCCARO, JJ., concur.

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