D. Callahan & Co. v. Newell

Citations

• 61 Miss. 437

Syllabus

<p>1. Appeal. From justices’ court. Judgment by default. Appeals from judgment of justices of tbe peace are to be tried anew as if never tried before, and any defense may be set up for the first time in the circuit court, although the appeal is from a judgment by default. Marx v. Trussell, 50 Miss. 498, distinguished.</p> <p>2. Same. Costs. Section 2384 of the Code 1880 arms the circuit court with authority as to costs on appeals from justices’courts, under which any abuse by a defendant of the right to set up a defense for the first time in the circuit court could be prevented from doing injury to the opposite party.</p>