Xydias v. Pellman

Citations

• 121 Miss. 400
• 83 So. 20

Syllabus

<p>Justice of the Peace. Defective certification of record not cured or waived.</p> <p>Where a justice of the peace has failed to certify his record as required by section 84, Code 1906 (Hemingway’s Code, section 64), the circuit court is without jurisdiction to try the case or render judgment therein and such defect may not be cured or waived, and where the justice makes an amendment or proper certificate alter judgment, the same cannot relate back to give validity to the prior judgment, although after a proper certificate has been made the court has jurisdiction and may then proceed to try the case again.</p>