85 Miss. 341
Decided November 15, 1904
Mississippi Supreme Court · decided 1904-11-15
From tbe circuit court of Jefferson county. Hon. Moyse H. WinaNSON, Judge. Brennan, appellant, was plaintiff, iand Straas, appellee, defendant, in tbe court below. Held: and appellant failed to prosecute this appeal or to have the cause docketed and disposed of, but waited until the 4th day, of February, 1904, and then attempted to get up this appeal.
Decided 1904-11-15
¶1delivered the opinion of the court.
¶2Section 84 must be held modified by § 2432, Code 1892, 'so as, in cases of this sort, to allow the appeal to be heard, though after the next term following the taking of the appeal, provided the appeal is sent up by the successor of the dead justice of the peace to the next term of the circuit court after such successor has qualified.
¶3Reversed and remanded.