Wilson v. Town of Handsboro

Citations

• 96 Miss. 376

Syllabus

<p>1. Circuit Court Practice. Appeal from 'municipal court. Dismissal and writ of procedendo. Opportunity to defend.</p> <p>Where a defendant was convicted in a municipal court of the violation of an ordinance and appealed to the circuit court, it will be error to dismiss the appeal and award a writ of procedendo, without having the defendant called and given opportunity to defend.</p> <p>2. Supreme Court Practice. Appeal from a dismissal. What brought into review.</p> <p>An appeal to the supreme court from the judgment of a circuit court, dismissing an appeal from a municipal court and awarding a writ of procedendo, does not bring into review a previous judgment overruling a demurrer to the affidavit upon which the prosecution was based.</p>