MCA Chapter 3

in effect

Miss. Code Ann. § 11-3-1 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, Hemingway’s 1917, § 3182; 1930, § 3371; 1942, § 1955; Laws, 1916, ch. 163]

Miss. Code Ann. § 11-3-3 Appeals in some cases returnable at any time.

Appeals from judgments against persons deprived of their liberty in cases of habeas corpus, and from judgment on informations in the nature of quo warranto to try the right to a public office, whether state, district, county, or municipal, and in actions of mandamus where the public interest is concerned, and in cases at law or in chancery involving taxes claimed by the state, county, or municipality, may be returnable before the Supreme Court immediately, without reference to the return days for other appeals; and when the transcript of the record of the case shall be filed in the office of the clerk of the Supreme Court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on him or his attorney, the court shall consider such cases as entitled to be heard without regard to the district from which they are brought, and in preference to all civil cases, and they shall be heard and disposed of with all convenient speed.

Miss. Code Ann. § 11-3-5 Appeal not to fail for certain irregularities.

An appeal to the Supreme Court shall not be dismissed for want of jurisdiction because of a defect in the application for appeal, or in the bond, or because an insufficient amount was paid to prepay the costs or because of any failure by an officer to comply with the requirements of law in reference to appeals; but all defects and irregularities may be cured by amendment so as to perfect the appeal and obtain the judgment of the Supreme Court in the case; but the court may dismiss an appeal for a failure of the appellant to do, within a reasonable time, what may be necessary to perfect his appeal.

Miss. Code Ann. § 11-3-7 Cases heard at return term; judgment.

In case the judgment, sentence or decree of the court below be reversed, the Supreme Court shall render such judgment, sentence or decree as the court below should have rendered, unless it be necessary, in consequence of its decision, that some matter of fact be ascertained, or damages be assessed by a jury, or where the matter to be determined is uncertain; in either of which cases the suit, action or prosecution shall be remanded for a final decision; and when so remanded shall be proceeded with in the court below according to the direction of the Supreme Court, or according to law in the absence of such directions.

Miss. Code Ann. § 11-3-9 No reversal or annulment for want of jurisdiction.

A judgment or decree in any chancery or circuit court rendered in a civil case, shall not be reversed or annulled on account of want of jurisdiction to render the judgment or decree.

Miss. Code Ann. § 11-3-11 Voluntary dismissal of appeal.

If an appellant shall voluntarily dismiss his appeal after the transcript of the record has been filed in the Supreme Court, he shall be liable to judgment by said court as in case of an affirmance of the judgment or decree.

Miss. Code Ann. § 11-3-13 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, Hutchinson’s 1848, ch. 63, class 4, art. 1 (10); 1857, ch. 63, art. 16; 1871, § 418; 1880, § 1416; 1892, § 4355; 1906, § 4921; Hemingway’s 1917, § 3197; 1930, § 3382; 1942, § 1966]

Miss. Code Ann. § 11-3-15 Effect of dismissal.

After the dismissal of an appeal or supersedeas by the Supreme Court, another appeal or supersedeas shall not be granted in the same cause, so as to bring it again before the court.

Miss. Code Ann. § 11-3-17 and 11-3-19. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-3-17 . [Codes, Hutchinson’s 1848, ch. 63, class 4, art. 1 (25); 1857, ch. 63, art. 23; 1871, § 425; 1880, § 1419; 1892, § 4358; 1906, § 4924; Hemingway’s 1917, § 3200; 1930, § 3384; 1942, § 1968] § 11-3-19 . [Codes, 1880, § 1418; 1892, § 4357; 1906, § 4923; Hemingway’s 1917, § 3199; 1930, § 3385; 1942, § 1969] Editor’s Notes — Former § 11-3-17 provided for the revival or dismissal of an action upon the death of a party. Former § 11-3-19 provided that a bill of exceptions could contain matters of record without having a record distinct from the bill.

Miss. Code Ann. § 11-3-21 Motion to discharge supersedeas in certain cases.

A motion to discharge a supersedeas in an appeal to the Supreme Court may be made before and heard by the court on ten days’ notice to the opposite party, at any time before the day to which the appeal is returnable, and the court shall make such orders and render such judgment as may be proper in the case.

Miss. Code Ann. § 11-3-23 and 11-3-25. Repealed.

Repealed by Laws, 2002, 3rd Ex Sess, ch. 4, § 14, eff from and after passage (approved January 1, 2003). 11-3-23. [Codes, Hutchinson’s 1848, ch. 63, class 4, art. 2 (152); 1857, ch. 63, art. 12; 1871, § 414; 1880, § 1422; 1892, § 4360; 1906, § 4926; Hemingway’s 1917, § 3202; 1930, § 3387; 1942, § 1971; Laws, 1977, ch. 446; Laws, 1978, ch. 335, § 3; Laws, 1980, ch. 533, § 1, eff from and after July 1, 1980.] 11-3-25. [Codes, 1880, § 1423; 1892, § 4361; 1906, § 4927; Hemingway’s 1917, § 3203; 1930, § 3388; 1942, § 1972.]

Miss. Code Ann. § 11-3-27 Judgment on bond for supersedeas.

In case a bond has been given for a supersedeas, the judgment of the Supreme Court, on affirming the judgment or decree of the court below, or on a dismissal of the appeal by the appellant or the court, shall be for the money adjudged or decreed against appellant, and damages and costs, or for the specific property and damages and costs, or for the damages and costs, as the case may be, against all the obligors in the bond who may be living at that time, and execution may be issued thereon accordingly. If any of the obligors be dead, his representatives may be summoned to show cause why judgment should not be rendered against them on the bond; and if good cause be not shown to the contrary, judgment shall be entered against them in like manner as against the living obligors, and certified to the court below, and execution may be issued thereon.

Miss. Code Ann. § 11-3-29 Repealed.

Repealed, by Laws, 1978, ch. 335, § 41, eff from and after July 1, 1978. [Codes, 1880, § 1426; 1892, § 4363; 1906, § 4929; Hemingway’s 1917, § 3205; 1930, § 3390; 1942, § 1974]

Miss. Code Ann. § 11-3-31 Judgment certified to be enforced.

On receiving the certificate of the clerk of the Supreme Court of the judgment of that court in any matter, it shall be the duty of the clerk of the court below to issue the proper process to enforce the judgment according to its terms.

Miss. Code Ann. § 11-3-33 Bond may be excepted to.

The sufficiency of a bond in any respect as a security may be excepted to before the Supreme Court, or a judge thereof in vacation, on five (5) days’ notice to the opposite party and, if the exception be sustained and the security be not immediately perfected, the appeal shall cease to operate as a supersedeas, and the supersedeas shall be discharged by order of the court or judge, and execution may be issued on the judgment or decree appealed from; and the Supreme Court may give judgment on the bond as in other cases, as if the supersedeas had not been discharged. If necessary, a new execution may be issued on the judgment, although one may have been issued on the discharge of the supersedeas.

Miss. Code Ann. § 11-3-35 Judgment not to be reversed for certain errors.

No judgment in any case originating in a justice court, or in a municipal court, and appealed to the circuit court, shall be reversed because it may appear in the Supreme Court transcript that the judgment or record of the said justice or municipal court was not properly certified or was not certified at all, or was missing in whole or in part, unless the record further shows that objection on that account was made in the circuit court, in the absence of which objection in the circuit court there shall be a conclusive presumption that the defects in this clause mentioned did not exist in the circuit court proceedings: Provided however, that the foregoing clause shall not apply to cases wherein a record in the supreme court of the transcript from the justice or municipal court is necessary to a fair understanding of the proceedings in the circuit court.

Miss. Code Ann. § 11-3-37 Appellant not entitled to reversal for error as to another.

In all cases, civil and criminal, a judgment or decree appealed from may be affirmed as to some of the appellants and be reversed as to others; and one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case. And when a judgment or decree shall be affirmed as to some of the appellants and be reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if the separate suits had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly. Costs may be adjudged in such cases as the supreme court shall deem proper.

Miss. Code Ann. § 11-3-39 Judgments affirmed in part and reversed in part.

Where the judgment appealed from is for property, real or personal, and damages, the supreme court, finding the judgment to be erroneous as to the damages only, may affirm it as to the property and reverse and remand it for a new trial as to the damages, and may adjudge the costs as may be proper.

Miss. Code Ann. § 11-3-41 Final judgment to be certified to court below; collection of court costs.

It shall be the duty of the clerk of the court below, upon receiving the mandate of the Supreme Court, to issue the proper execution on the final judgment or decree, if the same be for the plaintiff in the original cause, for the amount of money or other thing adjudged to the plaintiff, and all costs paid in the court below if not previously paid; and, if the judgment be rendered for the defendant in the original cause, then, on receipt of the mandate, execution shall issue against the plaintiff in the cause for the defendant’s costs paid in the court below. In cases where the Supreme Court assesses the costs against the appellee, the appellant shall, with no further court action, be entitled to a judgment against the appellee in the amount expended by the appellant on court costs. The appellee shall be responsible for the cost of collection of this judgment, including attorney’s fees. If the Clerk of the Supreme Court fails to issue the mandate as required, he shall forfeit to the aggrieved party One Hundred Dollars ($100.00), to be recovered by motion before the Supreme Court on five (5) days’ notice.

Miss. Code Ann. § 11-3-43 Copy of opinion certified to court below; costs in event of successful appeal.

In all cases in which the Supreme Court shall reverse the judgment or decree of the court below, and remand the cause to be proceeded within such court, or remand a cause for further proceedings, the Clerk of the Supreme Court shall prepare and certify a copy of the opinion of the Supreme Court in the case, and send it, with the mandate of the judgment or decree rendered in the cause by the Supreme Court, to the clerk of the court from which the cause was brought, or to which it may be remanded. The copy of the opinion furnished shall be preserved by the clerk to whom it is delivered, for the use of the court and parties in the case. But in all cases wherein the appellant has paid the costs of his appeal and is the successful litigant and the action is reversed and remanded for further proceedings, with costs taxed against the appellee, the action shall not proceed further before the trial court, on application of the appellee, until the appellee has paid to the clerk of the trial court, for the benefit of the appellant, the costs so paid by the appellant in perfecting his successful appeal. Should the appellee fail to make such a refund of costs to the trial court within two (2) years next after the date of the judgment of reversal and remand by the Supreme Court, the appellee, his heirs or assigns, shall not thereafter be entitled to proceed further at his own instance and the appellee’s right of action, as well as his remedy, shall be forever barred and extinguished.

Miss. Code Ann. § 11-3-45 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1880, § 1444; 1892, § 4382; 1906, § 4948; Hemingway’s 1917, § 3224; 1930, § 3408; 1942, § 1992; Laws, 1978, ch. 335, § 7]