Warren v. Trustees of African Baptist Church

Citations

• 50 Miss. 223

Syllabus

<p>1. Unlawful Detainer — Special Court. — The special court authorized' by the statute has its duties, powers and jurisdiction defined and limited by the statute by winch it is created, and when a final judgment is rendered in the case tor which it is organized, the court is then dissolved. It has no jurisdiction to try any case except forcible entry and unlawful detainer. It has no power to grant a new trial, but may grant appeals when the party applying for the appeal conforms to the requirements of the law. The right to set aside a verdict and grant a new trial is incident to and inherent in all courts of original general common law jurisdiction, such as the circuit courts of this state. The power belongs to them independent of statute. The reverse is the rule as respects inferior and special courts.</p> <p>■3. Same — Appeal Bond — Case in Judgment. — Where an appeal is taken from tlie special court and the bond is conditioned that the appellant “ shall prosecute said appeal with effect, or in case of failure therein, shall pay and satisty the amount of said judgment according to the considerations of the said appellate court, and perform and satisfy its judgment,” held, that this is not sufficient. The condition'required by statute is “for the payment of the costs before the said justices, and of all costs that may accrue in the circuit court in case the appellant shall fail therein.” “ The appeal shall not operate as a supersedeas.”</p>