Ruff v. Montgomery

Decided October 15, 1903

Mississippi Supreme Court · decided 1903-10-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1903-10-15

How this case has been cited

Cited by 6 later decisions — most recently January 1939

6 state decisions

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.

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Cali-iooN, J.,

¶1delivered the opinion of the court.

¶2This 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.”

¶3Appeal dismissed.

¶4[Afterward, tie record having been perfected, the case was again docketed, heard, and submitted, and a decision rendered on the merits. See Buff v. Montgomery, the case next following.]