Rowe v. Cannon
84 Miss. 101
Miss.
1904
Check Treatment
Calhoon, J.,

delivered the opinion of the court.

The bond having been given by plaintiff for appeal to the circuit court from the justice of the peace (Code 1892, § 82), and the certified copy of the record, with the original papers and process and original appeal bond, being sent up to the circuit court (Code 1892, § 84), the case stood for trial de novo, without new process to the appellee in that court. None was necessary, because no statute requires it. The case did not .stand as a new action, requiring “due process of law.” It was, *103by the appeal, still a pending action, requiring no process additional to that before tbe justice of tbe peace. Tbe judgment by default in the circuit court was proper.

Affirmed.