Bill Text: MS HB441 | 2010 | Regular Session | Introduced

Mississippi House Bill 441 (Prior Session Legislation)

Introduced

Bill Title: Supersedeas bond; revise for appeals from justice court in civil cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [HB441 Detail]

Download: Mississippi-2010-HB441-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary A

By: Representative Lane

House Bill 441

AN ACT TO AMEND SECTION 11-51-85, MISSISSIPPI CODE OF 1972, TO REVISE BOND FOR APPEALS FROM JUSTICE COURT IN CIVIL CASES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-51-85, Mississippi Code of 1972, is amended as follows:

11-51-85. Either party may appeal to the circuit court of the county from the judgment of any justice court judge if appeal be demanded and bond given within ten (10) days after the rendition of the judgment. The party taking the appeal shall give bond with a sufficient surety, to be approved by the clerk of the justice court payable to the opposite party, in the penalty of one hundred twenty-five percent (125%) the amount of the judgment, or one hundred twenty-five percent (125%) the value of the property involved, and all costs accrued and likely to accrue in the case, and in no case to be less than One Hundred Dollars ($100.00), conditioned for the payment of such judgment as the circuit court may render against him; and the appeal, when demanded and bond given, shall operate as a supersedeas of execution on such judgment. Any defendant against whom a civil judgment may have been entered by a justice court judge who, by reason of his poverty, is not able to give bond may nevertheless appeal from such judgment on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment. The clerk of the justice court shall at once make up a transcript of the record and properly transmit the same to the clerk of the circuit court, within fifteen (15) days after the bond has been filed. In counties where there is a county court, appeals from justice courts shall be to the county court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.