Woods v. Speer

Citations

• 127 Miss. 593
• 90 So. 322

Syllabus

<p>1. Justices oe the Peace. Appeal must be to circuit court of district of defendant’s residence, where justice’s district partly in two districts.</p> <p>Where the district of a justice of the peace of a county is partly in each of two circuit court districts, an appeal, from a judgment of the justice of the peace court must be prosecuted to the circuit court of the district of defendant’s residence; the circuit court of the other district being without jurisdiction of such an appeal. .</p> <p>3. Justices of the Peace. Justice may hold court anywhere in his supervisor’s district.</p> <p>A justice of the peace has jurisdiction of all residents of his supervisor’s district, and his court may be held anywhere within his district.</p> <p>3. Justices of the Peace. Appeal erroneously dismissed, where proper papers filed in wrong circuit court district.</p> <p>Where the appeal bond correctly recites an appeal to the proper circuit court district, but the appeal papers are wrongly filed in the other court district, it is error for the circuit court to dismiss the cause..</p> <p>4. Appeal and Error. Supreme court will reverse and remand, where circuit court has erroneously dismissed appeal for want of jurisdiction.</p> <p>On an appeal to this court a judgment of the circuit court, erroneously dismissing the cause, will be reversed, and the cause remanded to the proper circuit court district, when the appeal bond from the judgment of the justice of the peace court correctly recites the proper . circuit court.</p>