Rodgers v. City of Hattiesburg

Citations

• 99 Miss. 639
• 55 So. 481

Syllabus

<p>1. Criminar Daw. Appeal. Certification of record. Code 1906, sections 84 and 85. Supreme court jurisdiction.</p> <p>Under Code 1906, sections 84 and 85, on appeal to the circuit court the copy of the record of proceedings before a police justice must be certified to by the police justice and not the city clerk.</p> <p>2. Circuit Court. Supreme court. Want of jurisdiction.</p> <p>Where on appeal from a police justice court to the circuit court the record of proceedings before the police justice was not certified to by the police justice., the circuit court was without jurisdiction of the appeal, and on a further appeal to the supreme court that court was without jurisdiction of such appeal.</p> <p>3. Same.</p> <p>The want of such a certified copy is not,a defect which can be waived or cured. It is jurisdictional and the question may be raised for the first time in the supreme court.</p> <p>4. Same.</p> <p>The proper order in the supreme court in such case is to reverse and remand the case with direction to the circuit court to dismiss the appeal to that court and award a writ of prooedendo to the court of the police justice to enforce the judgment of his court unless the appellant shall perfect the record of proceeding from such police court.</p>