61 Miss. 437 | Miss. | 1884
delivered the opinion of the court.
The defendant in a suit before a justice of the peace did not appear and defend it, but within five days after judgment by default against him appealed to the circuit court, where, on motion of the plaintiff, the court dismissed the appeal and rendered final judgment against the defendant aud surety on the appeal bond, refusing to permit any defense because it had not been made before the justice.
This was erroneous. Appeals from judgments of justices of the
Judgment reversed and cause remanded to the circuit court to be tried anew.