Mississippi Code

Miss. Code Ann. § 11-51-101 (2026)

State, county, and municipality, and officials representing them, may appeal without bond; prepayment of costs in lower court; costs of record of trial court

✓ current as of July 2026

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(1) The state and any county or municipality of the state, and the officials representing the state, county or municipality, in any suit or action, and any state, county or municipal officer who is a party to any suit or action in his official character, in which suit or action the state, county or municipality is beneficially interested, and the several incorporated charitable or educational institutions established and maintained by the state, and all corporate instrumentalities wholly owned by the United States government, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court; however, the cost of the preparation of the record of the proceedings in the trial court shall be prepaid. In any such case, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required.

(2) Any person who is a party to a suit or action in his individual capacity, which suit arises from allegedly tortious actions and deeds committed by him during the time he was a member, trustee, director, superintendent, official or employee, as the case may be, of the Department of Corrections, the State Penitentiary or the state psychiatric hospitals or institutions, and which allegedly tortious acts and deeds were committed by the person in the performance of his duties or employment, shall be entitled to appeal from a judgment, decree, decision or order of any court or judge from which an appeal may be taken without prepayment of costs in the lower court, including the costs of the preparation of the record of the proceedings in the trial court. In those cases, if a supersedeas is allowed and desired, a bond for supersedeas shall not be required. The provisions of this section shall not apply to any such judgment, decree, decision or order in favor of the State of Mississippi.

Codes, 1880, § 2333; 1892, § 93; 1906, § 94; Hemingway's 1917, § 76; 1930, § 76; 1942, § 1210; Laws, 1938, ch. 356; Laws, 1975, ch. 448; Laws, 1990, ch. 454, § 1; Laws, 2008, ch. 442, § 7, eff. 7/1/2008.

Notes of Decisions

Cited in 10 cases, 1974–2013 · leading case: City of Mound Bayou v. Roy Collins Const. Co., 457 So. 2d 337 (Miss. 1984).

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City of Mound Bayou v. Roy Collins Const. Co., 457 So. 2d 337 (Miss. 1984). · cites it 13× “The City, however, cites Miss. Code Ann. § 11-51-101 (1972) and argues that it has been exempted from that requirement.”

City of Belzoni v. Johnson, 121 So. 3d 216 (Miss. 2013). · cites it 10× “(stating that Rule 62(f) tracks prior practice under Section 11-51-101); Miss. R.App. P. 8 cmt.”

Gill v. Dept. of Wildlife Conservation, 574 So. 2d 586 (Miss. 1990). · cites it 2× “[2] Nothing said here should be taken as suggesting that these may not in law be grounds for termination where they are in fact the grounds for termination.”

Picou v. City of Jackson, 153 F. Supp. 2d 891 (S.D. Miss. 2001). · cites it 10× “This tracks prior practice under Miss.Code Ann. § 11-51-101 (1972).” Section 11-51-101, in addition to exempting the State of Mississippi from posting a supersedeas bond, also provides that “any.”

Bd. of Trs. of the Hattiesburg Mun. Separate Sch. Dist. v. Gates, 467 So. 2d 216 (Miss. 1985). · cites it 6× “Miss.Code Ann. § 11-51-101 (Supp.1984) provides that “the state, and any county, city, town, or village,” and other enumerated institutions, shall be entitled to appeal from a judgment without giving an appeal bond.”

Fisher v. Crowe, 289 So. 2d 921 (Miss. 1974). · cites it 4× “The respondents next contend that they are officials within the meaning of Mississippi Code Annotated section 11-51-101 (1972) and therefore are entitled to appeal without bond.”

Phillips Constr. Co. v. Mississippi State High. Comm'n, 420 So. 2d 1374 (Miss. 1982). “” Appellee Highway Commission contends that as the Highway Commission is an arm of the state, it is not required to file an appeal bond in any cause pursuant to the provisions of MCA § 11-51-101 (1972), which provides as follows: The state, and any county, city, town or village…”

Fisher v. Crowe, 303 So. 2d 474 (Miss. 1974). · cites it 2× “Upon a motion by appellees in this Court to dismiss the appeal, it was contended by the election commissioners and the successful candidates for aldermen that they were officials within the meaning of Mississippi Code Annotated section 11-51-101 (1972) and were therefore…”

City of Belzoni Mississippi v. Shirley Johnson (Miss. 2012). · cites it 8× “9 Miss. Code Ann. § 11-51-101 (1) (Rev. 2012) (emphasis added).”

Urban Developers, LLC v. City of Jackson, 227 F.R.D. 464 (S.D. Miss. 2005). · cites it 5× “Analysis In their efforts to stay the Judgment and avoid payment of a supersedeas bond on appeal, both Region VI and the City rely on Rule 62(f) of the Federal Rules of Civil Procedure, Rule 62(f) of the Mississippi Rules of Civil Procedure, and § 11-51-101 of the Mississippi…”

— Miss. Code Ann. § 11-51-101(1) — 3 cases

City of Belzoni v. Johnson, 121 So. 3d 216 (Miss. 2013). “(stating that Rule 62(f) tracks prior practice under Section 11-51-101); Miss. R.App. P. 8 cmt.”

City of Belzoni Mississippi v. Shirley Johnson (Miss. 2012). “9 Miss. Code Ann. § 11-51-101 (1) (Rev. 2012) (emphasis added).”

Urban Developers, LLC v. City of Jackson, 227 F.R.D. 464 (S.D. Miss. 2005). “Analysis In their efforts to stay the Judgment and avoid payment of a supersedeas bond on appeal, both Region VI and the City rely on Rule 62(f) of the Federal Rules of Civil Procedure, Rule 62(f) of the Mississippi Rules of Civil Procedure, and § 11-51-101 of the Mississippi…”

— Miss. Code Ann. § 11-51-101(a) — 1 case

City of Mound Bayou v. Roy Collins Const. Co., 457 So. 2d 337 (Miss. 1984). “The City, however, cites Miss. Code Ann. § 11-51-101 (1972) and argues that it has been exempted from that requirement.”

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