Ruff v. Montgomery

• Court: Mississippi Supreme Court
• Writing for the Court: CALHOON, J.
• Citation: Ruff v. Montgomery, 83 Miss. 184, 35 So. 465 (Miss. 1903)
• Decision Date: 14 December 1903
• Parties: JOSEPHUS F. RUFF v. WALTER R. MONTGOMERY

35 So. 465

83 Miss. 184

JOSEPHUS F. RUFF v. WALTER R. MONTGOMERY

Supreme Court of Mississippi

December 14, 1903

FROM the circuit court of Marshall county. HON. PERRIN H. LOWREY Judge.

Ruff appellant, was plaintiff, and Montgomery, appellee, was defendant in the court below. From a judgment in defendant's favor, plaintiff sought to appeal to the supreme court. The defects of the record upon which the supreme court acted in dismissing the appeal are fully stated in the opinion of the court.

Appeal dismissed.

C. Lee Crum, for appellant.

W. A Belk, for appellee.

OPINION

CALHOON, J.

This record discloses no appeal bond from the court of the justice of the peace, nor any record of the proceedings in that court, and so the circuit court was without jurisdiction to entertain the appeal, and therefore the appeal to this court must be dismissed. Gardner v. Railroad, 78 Miss. 640, 29 So. 469. But, in the language of the opinion in that case, "we will reinstate the case if appellant will, by certiorari, complete his record, but on the condition that the appellant shall pay all the costs of the appeal to this court."

Appeal dismissed.

[Afterward the record having been perfected, the case was again docketed, heard, and submitted, and a decision rendered on the merits. See Ruff v....