James v. Woods
James v. Woods
Opinion of the Court
delivered the opinion of the Court.
Appellant had given an appeal-bond with security, approved by the justice of the peace, and should have been allowed to give a new bond, as he offered to do, if the bond given had been defective in any respect. Code, Sec. 2353; Gaddis v. Palmer, 60 Miss., 758.
But it not perceived that the irregularity of the appeal-bond, being executed and approved before the judgment appealed from was rendered, vitiated the bond. The bond had the effect which one regularly executed and approved would have had, and it was available to protect appellee for all the purposes contemplated by law in such case.
If it be insisted here, as it was done on the motion to dismiss in the Circuit Court, that the judgment in the justice’s court was by confession, and therefore could not be appealed from, it is sufficient to say that the statute which denies appeals from judgments by consent or confession, does not apply to justice’s courts. Code, Sec. 2309.
Reversed and remanded.
Reference
- Full Case Name
- Peter James v. A. A. Woods
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Appeal Bond. On a/ppeal from justice of peace. Executed and approved before judgment. In a case appealed from a justice of the peace’s court to the Circuit Court, the appeal bond is not bad because executed and approved before, and in anticipation of, an adverse judgment by the justice of the peace. 2. Same. From justice of peace. Irregularity cured. Section 2353, Code of1880. But if such irregularity be regarded as material, the party appealing has the right in the Circuit Court to give a new bond, under Section 2353 of the Code of 1880, which provides that in cases appealed from justices of the peace, “if the appeal bond be defective, the appellant shall be permitted to give a new bond, which shall have the same effect as if given originally before the justice, on demand of the appeal.” 3. Appeal. Judgment by confession in justice of peace’s court. Section 2309, Code of 1880. The statute, Section 2309, Code of 1880, denying the right of appeal from a judgment by consent or confession, does not apply to cases in justices of the peace’s courts.