Ex parte Grubbs

• Decision Date: 07 April 1902
• Court: Mississippi Supreme Court
• Parties: EX PARTE JOSEPH GRUBBS

31 So. 741

80 Miss. 288

EX PARTE JOSEPH GRUBBS

Supreme Court of Mississippi

April 7, 1902

FROM the circuit court of Washington county. HON. FRANK A. LARKIN Judge.

The facts are stated in the opinion of the court. For a previous chapter in the history of Grubb's grievances, see Ex parte Joseph Grubbs, 79 Miss. 358.

Affirmed.

C. J Jones, for appellant.

W. L Easterling, Assistant Attorney-General, contra.

This case was gotten into the circuit court not by an appeal from the justice of the peace court, but by a writ of certiorari. The writ was prosecuted more than six months after the rendition of the judgment by the justice of the peace, and it was barred. Code 1892, § 89; Smith v. Boykin, 61 Miss. 110, does not aid Grubbs. While he could probably appeal from the judgment of the justice of the peace court at this time (in fact, it appears that he has appealed, and that his appeal case is depending in the circuit court), yet his proceeding in the circuit court now under review here was not by appeal, but as above stated by writ of certiorari.

OPINION

CALHOON, J.

Mr Grubbs was convicted of a criminal offense by a justice of the peace. He took his appeal to the circuit court, but not until after the lapse of several months, and after two terms of that court had intervened. In the meantime he was on the county farm, serving a sentence as a convict. Seven months after his conviction he obtained a writ of certiorari to the justice of the peace to appear with the record and papers. The justice appeared, and said he could not bring the papers, because they were lost; but, curiously enough, he makes no excuse for bringing the record, which would have been a basis for supplying the lost papers. The circuit court dismissed the petition for the writ of certiorari on the ground that Grubbs was barred of his appeal because he did not appeal to the term of that court next following his conviction. We do not concur in this view. The limitation on appeals in civil cases provided for in code, §§ 82, 84, do not apply to criminal cases. These are governed by § 86, and the requirement of this that bond be required for appearance "at the next term of the circuit court" means, we deduce from the whole context, the next term after appeal taken. Smith v. Boykin, 61 Miss. 110. But nevertheless the court was right in dismissing the petition for the writ of certiorari, since § 89 barred that, because more than six...