Opinion
No. 28229.
December 16, 1929.
JUSTICES OF THE PEACE. Where justice did not file in circuit court certified transcript of record, judgment on appeal from circuit court will be reversed and remanded ( Hemingway's Code 1927, sections 63, 64).
Where it appeared from record that justice of the peace did not file in circuit court certified transcript of record of proceedings in his court, as appeared from his docket in compliance with Code 1906, sections 83, 84 (Hemingway's Code 1927, sections 63, 64), judgment on appeal from circuit court will be reversed and remanded.
APPEAL from circuit court of Simpson county. HON.W.L. CRANFORD, Judge.
J.P. and A.K. Edwards, of Mendenhall, for appellant.
Where justice of the peace does not file in the circuit court a certified transcript of record, judgment on appeal from circuit court will be reversed and remanded.
Hemingway's Code 1927, secs. 63-64; Hughston v. Cornish, 59 Miss. 372; Salers v. State, 107 So. 374; Xydia v. Pellman, 83 So. 620; Ball v. Sledge, 35 So. 214, 82 Miss. 747; Ruff v. Montgomery, 83 Miss. 184, 35 So. 465; Gardner v. Railroad Co., 78 Miss. 640, 29 So. 469.
J.B. Sykes, of Mendenhall, for appellee.
Section 64 of Hemingway's Code 1927, providing that the justice of the peace on appeal of a case from his court to the circuit court may certify and file a transcript of the proceedings had in his court, is merely directory and only a substantial compliance with this statute is necessary.
Calhoun v. State, 86 Miss. 553.
This case originated in a court of a justice of the peace, and from that court was appealed to the circuit court, and from the latter court appeal is prosecuted here.
It appears from the record that the justice of the peace did not file, in the circuit court, a certified transcript of the record of proceedings in his court, as appeared from his docket in compliance with sections 63 and 64, Hemingway's 1927 Code (sections 83, 84, Code of 1906).
Reversed and remanded.