Rowe v. Cannon

Decided March 15, 1904

Mississippi Supreme Court · decided 1904-03-15

Erom tbe circuit court of, second district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Cannon, appellee, was plaintiff in the court below, and Rowe, appellant, was defendant there. The suit was begun in a justice’s court where a judgment after a trial was rendered in defendant’s favor. Erom this judgment the plaintiff, Cannon, duly appealed to the circuit court.

Cited by 1 later decisions — most recently March 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1904-03-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The bond having been given by plaintiff for appeal to the circuit court from the justice of the peace (Code 1892, § 82), and the certified copy of the record, with the original papers and process and original appeal bond, being sent up to the circuit court (Code 1892, § 84), the case stood for trial de novo, without new process to the appellee in that court. None was necessary, because no statute requires it. The case did not .stand as a new action, requiring “due process of law.” It was, *103by the appeal, still a pending action, requiring no process additional to that before tbe justice of tbe peace. Tbe judgment by default in the circuit court was proper.

¶3Affirmed.