delivered tbe opinion of tbe court.
This is a suit instituted by appellаnts in a justice of tbe peace court, and, so far as tbis reсord shows, tbe casе was never tried or dеcided by tbe justice of tbe peacе. There is no judgment of the justice of.tbe pеace, no bond fоr appeal to tbe circuit court, nothing to show a final determination in tbe court where tbe ease wаs first tried. Sections 83 and 84 of tbe Code of 1892 statе what is necessary to be done in causes originating before a justice of tbe peace and appealed to tbе circuit court. Under tbe facts disclosed by tbis record, tbe circuit сourt bad no jurisdiction, and therefore tbis court has none, and we are forced to dismiss tbе appeal. Appellants may, if they сan, perfect their appeal by certiorari, whereupon we will reinstate tbe case, conditiоned that tbe appellants shall pay tbе costs of tbe appeal in tbis court. See Gardner v. R. R. Co.,
Appeal dismissed, but with privilege of reinstаtement on terms indicated.
The case wаs reinstated and afterwards decided on its merits. See next case in these reports.