On appeal from a justice of the peace court to the circuit court the case shall be tried anew, in a summary way, without pleadings in writing, at the first term, unless cause be shown for a continuance; provided, however, that the circuit court shall have the authority and power of its own motion or on motion of any party to require that defenses to the action shall be set up by way of answer in like manner as is required by Section 11-7-59, Mississippi Code of 1972.
If it appear on the trial that the suit was brought before a justice of the peace not having jurisdiction thereof, the circuit court shall reverse the judgment of the justice and dismiss the case. If the defendant be the appellant and judgment be rendered for the plaintiff in the original suit for a sum equal to or greater than he recovered before the justice of the peace, ten per cent (10%) damages upon the amount thereof shall be included in such judgment; and similarly, when there has been an appeal from a justice of the peace court to a county court, and any judgment against an appellant shall be rendered against the principal and his sureties jointly and when there shall be an appeal from the county court to the circuit court and the same shall be affirmed, then, there shall be added five per cent (5%) damages, and judgment shall be rendered against the principal and the sureties on the appeal bond jointly. In all such cases where the amount in controversy exceeds the sum of Fifty Dollars ($50.00), either party shall be entitled to an appeal to the supreme court as in cases originating in the circuit court, and the plaintiff may also appeal to the supreme court in cases where the difference between his demand and the judgment in his favor shall exceed said sum.
Codes, Hutchinson's 1848, ch. 50, art. 2 (19); 1857, ch. 58, art. 25; 1871, § 1334; 1880, § 2354; 1892, § 85; 1906, § 86; Hemingway's 1917, § 66; 1930, § 67; 1942, § 1201; Laws, 1964, ch. 301, § 1.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1974–2022 · leading case:
Jackson v. State, 418 So. 2d 827 (Miss. 1982).
Jackson v. State, 418 So. 2d 827 (Miss. 1982).
· cites it 2× “In remanding the case for sentencing the Court noted that the defendant in the two prior offenses had not been convicted and punished as the statute provided, and that, therefore, the last conviction must be sentenced as a first offense for sentencing purposes.”
Statham v. Miller, 988 So. 2d 407 (Miss. Ct. App. 2008).
· cites it 4× “On appeal, Statham argues that the circuit court abused its discretion in dismissing the appeal and denied him due process by dismissing Miller's appeal without a motion and without notice.”
Julio Gordon v. Christy Dickerson, 350 So. 3d 1087 (Miss. Ct. App. 2021).
· cites it 4× “To support his claim, Gordon cites Mississippi Code Annotated section 11-51-91 (Rev. 2019), which provides that “[o]n appeal from a justice of the peace court to the circuit court the case shall be tried anew, in a summary way, without pleadings in writing[.”
Moore v. Jackson Pub. Sch. Dist., No. 3:18-cv-00817 (S.D. Miss. May 12, 2020).
· cites it 2× “See Miss. Code Ann. §§ 11-51-91 ; 11- 51-81. The County Court’s judgment also lacks preclusive effect because it was entered “without prejudice.”
Julio Gordon v. Christy Dickerson, 365 So. 3d 177 (Miss. 2022).
· cites it 2× “Gordon argued at the hearing that he was not required to file a written response to Dickerson’s counterclaims pursuant to Mississippi Code Section 11-51-91 (Rev. 2019), which provides in part: “On appeal from a justice of the peace court to the circuit court the case shall be…”
Laffitte v. S. Fin. Sys., Inc., 30 So. 3d 1236 (Miss. Ct. App. 2009).
· cites it 2× “The circuit court did, however, address the issues presented by the Laffittes pursuant to Mississippi Code Annotated section 11-51-91 (Rev.2002), which provides that an appeal from justice court be heard anew in circuit court.”
Avera v. State, 305 So. 2d 359 (Miss. 1974).
· cites it 3× “Mississippi Code Annotated section 11-51-91 (1972) reads in part as follows: “On appeal from a justice of the peace court to the circuit court the case shall be tried anew, .”
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