Jacobs v. Jackson

Citations

• 128 Miss. 434
• 91 So. 36

Syllabus

<p>1. Justices op the Peace. Plaintiff appealing from justice’s court need not give bond in double the value where defendant is in possession.</p> <p>Under chapter 303, Laws of 1913 (section 63, Hemingway’s Code), if the defendant in a replevin suit has given bond for the property and is in possession thereof, the plaintiff is not required to give a bond in double the value of the property involved in order to perfect an appeal from the judgment of a justice of the peace awarding to the defendant the possession of the property and damages for the wrongful suing out of the writ.</p> <p>3. Justices op the Peace. Where justice refused to approve bond, but offered to receive it and investigate, but it was not left with him or presented in due time, the appeal was properly dismissed.</p> <p>Where a party against whom a judgment has been rendered by a justice of the peace presented an appeal bond within the time prescribed by chapter 203, Laws of 1912 (section 63, Hemingway’s Code), and the justice of the peace refused to approve the bond on account of a mistaken belief that the penalty of the bond was insufficient, but offered to receive’the bond and investigate the sufficiency of the penalty thereof, and the party tendering the bond refused to leave it with the justice of the peace and it was not again tendered, and was not filed or approved, until after the expiration of the time allowed for perfecting the appeal, a motion to dismiss the appeal was properly sustained by the circuit court.</p> <p>3. Justices oe the Peace. Failure to filé appeal bond within statutory time is not excused because justice was absent from home during last three days of period.</p> <p>Under chapter 203, Laws of 1912 (section 63, Hemingway’s Code), providing that an appeal from the judgment of a justice of the peace to the circuit court must be prosecuted within ten days after the rendition of the judgment, a failure to file an appeal bond with the justice of the peace within that time is not