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Mississippi Code

Miss. Code Ann. § 11-51-79 (2026)

Appeals from the county court

✓ current as of July 2026
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No appeals or certiorari shall be taken from any interlocutory order of the county court, but if any matter or cause be unreasonably delayed of final judgment therein, it shall be good cause for an order of transfer to the circuit or chancery court upon application therefor to the circuit judge or chancellor. Appeals from the law side of the county court shall be made to the circuit court, and those from the equity side to the chancery court on application made therefor and bond given according to law, except as hereinafter provided. Such appeal shall operate as a supersedeas only when such would be applicable in the case of appeals to the Supreme Court. Appeals should be considered solely upon the record as made in the county court and may be heard by the appellate court in termtime or in vacation. If no prejudicial error be found, the matter shall be affirmed and judgment or decree entered in the same manner and against the like parties and with like penalties as is provided in affirmances in the Supreme Court. If prejudicial error be found, the court shall reverse and shall enter judgment or decree in the manner and against like parties and with like penalties as is provided in reversals in the Supreme Court; provided, that if a new trial is granted the cause shall be remanded to the docket of such circuit or chancery court and a new trial be had therein de novo. Appeals from the county court shall be taken and bond given within thirty (30) days from the date of the entry of the final judgment or decree on the minutes of the court; provided, however, that the county judge may within said thirty (30) days, for good cause shown by affidavit, extend the time, but in no case exceeding sixty (60) days from the date of the said final judgment or decree. Judgments or decrees of affirmance, except as otherwise hereinafter provided, may be appealed to the Supreme Court under the same rules and regulations and under the same penalties, in case of affirmance, as appertain to appeals from other final judgments or decrees of said courts, but when on appeal from the county court a case has been reversed by the circuit or chancery court there shall be no appeal to the Supreme Court until final judgment or decree in the court to which it has been appealed. When the result of an appeal in the Supreme Court shall be a reversal of the lower court and in all material particulars in effect an affirmance of the judgment or decree of the county court, the mandate may go directly to the county court, otherwise to the proper lower court. Provided, however, that when appeals are taken in felony cases which have been transferred from the circuit court to the county court for trial, and have been there tried, such appeals from the judgment of the county court shall be taken directly to the Supreme Court.

Codes, 1930, § 704; 1942, § 1616; Laws, 1926, ch. 131; Laws, 1932, chs. 140, 256; Laws, 1940, ch. 229; Laws, 1966, ch. 348, § 1; Laws, 2001, ch. 423, § 1, eff. 7/1/2001.

Notes of Decisions
Cited in 48 cases (10 in the last 5 years), 1974–2024 · leading case: Belmont Holding, LLC v. Davis Monuments, LLC, 253 So. 3d 323 (Miss. 2018).
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Belmont Holding, LLC v. Davis Monuments, LLC, 253 So. 3d 323 (Miss. 2018). · cites it 74× “Miss. Code Ann. § 11-51-79 . Therefore, under Section 11-51-79, for appeals from county court to circuit court, "the appellant is required to file notice of the appeal and post a bond within thirty days of the entry of the judgment.”
Jackson HMA, LLC v. Evelyn Harris, 242 So. 3d 1 (Miss. 2018). · cites it 46× “Miss. Code Ann. § 11-51-79 (Rev. 2012). This Court has held that Uniform Rule of County and Circuit Court 4.”
T. Jackson Lyons & Assocs., P.A. v. Precious T. Martin, Sr. & Assocs., PLLC, 87 So. 3d 444 (Miss. 2012). · cites it 24× “Miss.Code Ann. § 11-51-79 (Rev.2002). According to this statute, a party seeking to appeal a county court judgment must do so within thirty days of the entry of the judgment.”
John A. Brown v. Collections, Inc., 188 So. 3d 1171 (Miss. 2016). · cites it 4× “” See Miss.Code Ann. § 11-51-79 (Rev.2012). But our existing court-enacted rules say otherwise.”
Allen v. Mayer, 587 So. 2d 255 (Miss. 1991). · cites it 6× “VII Mayer contends that Allen's appeal from the county court was not timely pursuant to Miss. Code Ann. § 11-51-79 (1972) [4] . He claims the circuit court erred in finding that Allen perfected her appeal to that court.”
Chase Home Fin., LLC v. Hobson, 81 So. 3d 1097 (Miss. 2012). · cites it 6× “Both parties then argued that the case should be retained by the circuit court under Mississippi Code Section 11-51-79 (Rev. 2002). 5 The circuit court then amended its order to show that the trial on damages would take place in the circuit court.”
Thompson v. City of Vicksburg, 813 So. 2d 717 (Miss. 2002). · cites it 2× “1991); Miss.Code Ann. § 11-51-79 (1972); Miss. R.”
Wolfe v. City of D'Iberville, 799 So. 2d 142 (Miss. Ct. App. 2001). · cites it 9× “Wolfe contends that this rule supersedes Miss.Code Ann. § 11-51-79 (1972), which gives a complainant only ten days from the county court judgment to file a proper notice of appeal.”
Davis v. Nationwide Recovery Serv., Inc., 797 So. 2d 929 (Miss. 2001). · cites it 3× “Miss.Code Ann. § 11-51-79 provides that appeals from county court to circuit court shall be made within ten (10) days of the entry of judgment.”
Sliman v. Nguyen, 22 So. 3d 1173 (Miss. 2009). · cites it 4× “Citing Mississippi Code Section 11-51-79 (Rev.2004) as authority, Sliman argues that any new trial must occur in the circuit court, because once appealed there, it belongs on the docket of the circuit court.”
Mullen v. Green Tree Fin. Corp., 730 So. 2d 9 (Miss. 1998). · cites it 4× “1991); Miss. Code Ann. § 11-51-79 (1972); Miss.R.”
Hinds Cnty. v. Skinner (In Re Appointment & Setting Salary for Cnty. Court Adm'r & Deputy Court Adm'r), 275 So. 3d 87 (Miss. 2019). · cites it 6× “§ 11-51-79 (Rev. 2012), invalidated on other grounds by Brown v.”
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