All cases decided by a justice of the peace, whether exercising general or special jurisdiction, may, within six months thereafter, on good cause shown by petition, supported by affidavit, be removed to the circuit court of the county, by writ of certiorari, which shall operate as a supersedeas, the party, in all cases, giving bond, with security, to be approved by the judge or clerk of the circuit court, as in cases of appeal from justices of the peace; and in any cause so removed by certiorari, the court shall be confined to the examination of questions of law arising or appearing on the face of the record and proceedings. In case of an affirmance of the judgment of the justice, the same judgment shall be given as on appeals. In case of a reversal, the circuit court shall enter up such judgment as the justice ought to have entered, if the same be apparent, or may then try the cause anew on its merits, and may in proper cases enter judgment on the certiorari or appeal bond, and shall, when justice requires it, award restitution. The clerk of the circuit court, on the issuance of a certiorari, shall issue a summons for the party to be affected thereby; and, in case of nonresidents, he may make publication for them as in other cases.
Codes, Hutchinson's 1848, ch. 50, art. 9; 1857, ch. 58, art. 28; 1871, § 1336; 1880, § 2358; 1892, § 89; 1906, § 90; Hemingway's 1917, § 72; 1930, § 72; 1942, § 1206.
Notes of Decisions
Smith v. Univ. of Mississippi, 797 So. 2d 956 (Miss. 2001).
· cites it 23× “The University moved to dismiss because Smith had not appealed the University's termination decision to the circuit court by writ of certiorari, pursuant to Miss.Code Ann. §§ 11-51-93 & -95 (1972 & Supp.”
Mississippi Div. of Medicaid v. All. Health Ctr., 174 So. 3d 254 (Miss. 2015).
· cites it 46× “” Miss.Code Ann. § 11-51-95 (Rev. 2012). A party may secure review of an inferior tribunal’s decision even if another statutory avenue for appeal exists.”
Gill v. Dept. of Wildlife Conservation, 574 So. 2d 586 (Miss. 1990).
· cites it 8× “Miss. Code Ann. § 11-51-95 (Supp. 1988), as amended in 1984, provides Like proceedings as provided in section 11-51-93 may be had to review the judgments of all tribunals inferior to the circuit court, whether an appeal be provided by law from the judgment sought to be reviewed…”
Bd. of Trs. v. Brewer, 732 So. 2d 934 (Miss. 1999).
· cites it 12× “On December 19, 1997, the Board filed its Motion to Dismiss for Lack of Jurisdiction, claiming that the circuit court lacked jurisdiction over the case, because Brewer failed to follow the statutory procedure under Miss.Code §§ 11-51-93 and 11-51-95 (1972; Supp.”
Town of Terry v. Smith, 48 So. 3d 507 (Miss. 2010).
· cites it 8× “t): "Any person aggrieved by a judgment or decision of the board of supervisors, or municipal authorities of a city, town, or village, may appeal within ten (10) days from the date of adjournment at which session the board of supervisors or municipal authorities rendered such…”
Merritt v. State, 497 So. 2d 811 (Miss. 1986).
· cites it 8× “See Miss. Code Ann. § 11-51-93 (1972). *813 On December 19, 1984, the Circuit Court held that the petition was "not sufficient and not well taken and no good grounds were shown that a new trial should be granted" and, accordingly, denied the petition for a writ of certiorari.”
Miss. State Pers. Bd. v. Armstrong, 454 So. 2d 912 (Miss. 1984).
· cites it 6× “Thereafter, on March 24, 1982, Armstrong filed an appeal bond pursuant to Miss. Code Ann. § 11-51-93 and § 11-51-95 (1972).”
5K Farms, Inc. v. Mississippi Dep't of Revenue, 94 So. 3d 221 (Miss. 2012).
· cites it 2× “These include Mississippi Code Sections 11-51-95 (providing for judicial review, by way of a writ of certiorari, of decisions made by "lower tribunals”; incorporating bond requirement found in writ of certiorari statute, Mississippi Code Section 11-51-93); Mississippi Code…”
Bertucci v. Dept. of Corr., 597 So. 2d 643 (Miss. 1992).
· cites it 5× “Miss. Code Ann. § 11-51-93 (1972) provides: All cases decided by a justice of the peace, whether exercising general or special jurisdiction, may, within six months thereafter, on good cause shown by petition, supported by affidavit, be removed to the circuit court of the county,…”
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