107 So. 375 | Miss. | 1926
The attorney-general caused a certiorari to be issued to the clerk below to certify up the transcript of the record from the justice of the peace court to the circuit court. It appears that, when this writ issued, the justice of the peace brought in and filed his transcript of the proceedings before him in the office of the clerk of the circuit court, and the clerk certified a copy of this transcript of the proceedings in the justice of the peace court to this court. This transcript from the justice of the peace court to the circuit court, however, was filed subsequent to the term of the circuit court at which the appellant was tried.
We have decided in a number of cases, beginning with Hughston
v. Cornish,
Therefore the court below did not have jurisdiction to try the case and impose the sentence pronounced. The attorney-general recognized these decisions, and asked us in reversing the judgment to direct a procedendo to issue to the justice of the peace to enforce the judgment. While the record shows that the circuit court did not have jurisdiction to dispose of the case at the time it tried it, it also shows that, since the proceedings in the circuit court, the transcript of the record has been properly filed, and consequently we have no power here to dispose of the subject-matter, and it will be necessary to reverse the case and remand it for proper proceedings in the court below.
Reversed and remanded.