Adams County MsArchives Court.....Horn, John F June 1818
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Deb Haines ddhaines@gmail.com December 7, 2005, 10:36 pm

Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi, June Term, 1818
Written: June 1818

JOHN F. HORN vs. R. GILLOCK

On an appeal from the decision of a justice of the peace, to the circuit 
court, if there be no plea, judgment by default, or writ of enquiry, before 
verdict, it is error, for which the judgment must be reversed.


OPINION OF THE COURT-BY THE HON. POWHATTAN ELLIS.

The defendant below, assigns for error the following:

First, there is no issue joined between the parties in the superior court 
according to the provision of the statute in such case made and provided.

Secondly, there is no judgment by default or writ of enquiry awarded previous 
to the rendition of the verdict. This case came up to the superior court of 
Adams county, by appeal from a jusfice of the peace. And I find by a reference 
to the third section of the act of the 27th December 1814, Turner’s Digest p. 
317, the law provides, that any person aggrieved by the judgment of any 
justice of the quorum, or of the peace, may within five days thereafter appeal 
to the next superior court setting for his county; and in all cases where the 
sum does not exceed twenty dollars, the trial shall be by the court without 
the intervention of the jury, and in cases where the sum claimed, exceeds 
twenty dollars, the said court shall try such appeal de novo as any other 
cause in said court is tried at the first term, on an issue to be made up at 
or before the trial. From an inspection of the record, we discover a 
declaration in the usual for, but no plea, judgment by default, or writ of 
enquiry awarded; which according to the former decision in this court, 
precludes the court from calling a jury to pass upon the rights of the 
parties, and is in express opposition to the statute regulating proceedings 
upon appeals from the decisions of justices of the peace.

Let the judgment of the court below be reversed, and a venire de novo be 
awarded.

Judges Hampton and Winston concurring.


Source: Reports of Cases Adjudged in the Supreme Court of Mississippi, June 
Term, 1818, By R. J. Walker, Reporter of the State. Natchez: Printed at the 
Courier and Journal Office, 1834; pages 107-108.

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