reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-3 - Notice of suit affecting real estate recorded

When any person shall begin a suit in any court, whether by declaration or bill, or by cross-complaint, to enforce a lien upon, right to, or interest in, any real estate, unless the claim be founded upon an instrument which is recorded, or upon a judgment duly enrolled, in the county in which the real estate is situated, such person shall file with the clerk of the chancery court of each county where the real estate, or any part thereof, is situated, a notice containing the names of all the parties to the suit, a description of the real estate, and a brief statement of the nature of the lien, right, or interest sought to be enforced. The clerk shall immediately file and record the notice in the lis pendens record, and note on it, and in the record, the hour and day of filing and recording.
Codes, 1892, § 2783; 1906, § 3148; Hemingway's 1917, § 2499; 1930, § 2325; 1942, § 755.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-5 - Notice by officer levying on real estate

When the sheriff, United States marshal, or other officer, shall levy upon real estate by virtue of any process, unless it be in execution upon a judgment which is duly enrolled in the county where the real estate is situated, he shall file with the clerk of the chancery court of each county in which the real estate, or any part thereof, is situated, a notice of the levy, containing the names of the parties to the proceedings, the kind of process, and a description of the real estate levied on. The clerk shall file, record and note upon the notice and record, as required in Section
11-47-3
.
Codes, 1892, § 2784; 1906, § 3149; Hemingway's 1917, § 2500; 1930, § 2326; 1942, § 756.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-7 - Clerk to index the record

The clerk, upon filing and recording each notice, shall index the same, both directly and indirectly, under the name of each party, each plaintiff or complainant, against each defendant, and each defendant at the suit of each plaintiff or complainant.
Codes, 1892, § 2785; 1906, § 3150; Hemingway's 1917, § 2501; 1930, § 2327; 1942, § 757.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-9 - Effect of failure to enter notice

If a person beginning any such suit, by declaration, bill, or cross-complaint affecting real estate, or if an officer levying any process upon real estate, shall fail to have the required notice entered in the lis pendens record, such suit or levy shall not affect the rights of bona fide purchasers or incumbrancers of such real estate, unless they have actual notice of the suit or levy.
Codes, 1892, § 2786; 1906, § 3151; Hemingway's 1917, § 2502; 1930, § 2328; 1942, § 758.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-11 - Result of proceeding entered

Where the proceedings in or as to the suit or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same were pending shall direct the clerk who has the record to make such entry therein as it shall prescribe, to give notice of the result of the proceedings and of the devolution of the real estate; and the clerk shall at once, on presentation thereof, file and record the prescribed entry and note the date of filing and recording on the record.
Codes, 1892, § 2787; 1906, § 3152; Hemingway's 1917, § 2503; 1930, § 2329; 1942, § 759.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-13 - Liability of a clerk, sheriff, or other officer

If any clerk fail to perform any of the duties herein required of him, he shall be liable on his official bond to any party injured for all damages he may have sustained. If any sheriff, marshal, or other officer, fail to file the notice provided for in this chapter, upon the levy by him of any process on real estate, he shall be liable on his bond for all damages resulting therefrom.
Codes, 1892, § 2788; 1906, § 3153; Hemingway's 1917, § 2504; 1930, § 2330; 1942, § 760.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 47 - LIS PENDENS (§§ 11-47-1 — 11-47-15) › Section 11-47-15 - Form of the docket

The lis pendens docket shall be ruled, and have printed at the top of the pages, or opposite page, the following headings for the columns, and the entries shall correspond with them, viz.: Names of plaintiffs; names of defendants; kind of suit or writ; when suit instituted or writ levied; in, or from what court; nature of the suit or writ; description of the land involved or levied on; date of filing and recording lis pendens notice; result of the suit or levy; and remarks.
Codes, 1892, § 2789; 1906, § 3154; Hemingway's 1917, § 2505; 1930, § 2331; 1942, § 761.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-1 - Attorney to state residence of plaintiff

Any attorney whose name is subscribed to or indorsed on any declaration or bill or petition in chancery, shall, on demand in writing, made by or on behalf of the defendant, declare forthwith, in writing, whether the suit has been brought by him, or with his authority or privity, and also the place of abode of the plaintiff; and if such attorney shall state that the suit was not brought by him, or with his authority or privity, or shall refuse to declare the place of abode of the plaintiff, then no further proceedings shall be taken in the action without leave of the court.
Codes, 1880, § 1545; 1892, § 217; 1906, § 224; Hemingway's 1917, § 201; 1930, § 3704; 1942, § 8676.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-3 - Proceedings for money collected

Every attorney or counselor at law receiving money for his client, and failing or refusing to pay the same when demanded, may be proceeded against in a summary way, by motion before the circuit court of the county where such attorney or counselor usually resides, or where he may be found, or before the court in which the money was collected, in the same manner that sheriffs are liable to be proceeded against for money collected on execution, five days' notice of such motion being given. In addition to the principal and legal interest, damages at ten per centum on the amount thereof shall be awarded. In case the failure to pay over said money shall appear to have been wilful and without reasonable excuse, the court shall fine and imprison such attorney or counselor as for a contempt and strike his name from the roll and revoke his license, or may suspend his right to practice until the money shall be paid over.
Codes, Hutchinson's 1848, ch. 26, art. 3 (9), art. 11; 1857, ch. 9, art. 10; 1871, § 2253; 1880, § 2405; 1892, § 218; 1906, § 225; Hemingway's 1917, § 202; 1930, § 3705; 1942, § 8677.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-5 - Attorney not to have pay as a witness

An attorney or counselor at law shall not be allowed any compensation as a witness in any cause in which he shall be concerned as attorney or counsel.
Codes, Hutchinson's 1848, ch. 26, art. 3 (15); 1857, ch. 9, art. 9; 1871, § 2252; 1880, § 2406; 1892, § 219; 1906, § 226; Hemingway's 1917, § 203; 1930, § 3706; 1942, § 8678.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-7 - Right to inspect papers

Every attorney or counselor at law, practicing in any court in this state, shall be allowed, at all reasonable times, to inspect the papers and records relating to any suit in such court in which he may be concerned as attorney or counsel, without being compelled to take copies thereof. A clerk of any court may permit an attorney to take out of the office the papers in which he is interested, under such regulations as the court or the law may prescribe.
Codes, Hutchinson's 1848, ch. 26, art. 3 (16); 1857, ch. 9, art. 8; 1871, § 2251; 1880, § 2407; 1892, § 220; 1906, § 227; Hemingway's 1917, § 204; 1930, § 3707; 1942, § 8679.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-9 - Limitation of number to argue cause

A court shall not permit more than two attorneys to argue on one side, unless good cause be shown therefor.
Codes, Hutchinson's 1848, ch. 26, art. 3 (11); 1857, ch. 9, art. 11; 1871, § 2254; 1880, § 2408; 1892, § 221; 1906, § 228; Hemingway's 1917, § 205; 1930, § 3708; 1942, § 8680.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 49 - RIGHTS AND DUTIES OF ATTORNEYS, GENERALLY (§§ 11-49-1 — 11-49-11) › Section 11-49-11 - Notice to attorney as effectual as if to his client

Any notice required in the progress of a suit or action, in any court of this state, shall be as valid and effectual when served on the attorney or solicitor of the party in that cause as if served on the party himself.
Codes 1871, § 2255; 1880, § 2409; 1892, § 222; 1906, § 229; Hemingway's 1917, § 206; 1930, § 3709; 1942, § 8681.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-1 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 2308; 1892, § 31; 1906, § 32; Hemingway's 1917, § 7; 1930, § 12; 1942, § 1146.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-3 - Appeals to Supreme Court

An appeal may be taken to the Supreme Court from any final judgment of a circuit or chancery court in a civil case, not being a judgment by default, by any of the parties or legal representatives of such parties; and in no case shall such appeal be held to vacate the judgment or decree.
Codes, Hutchinson's 1848, ch. 54, art. 34; 1857, ch. 62, art. 103; 1871, § 410; 1880, § 2309; 1892, § 32; 1906, § 33; Hemingway's 1917, § 8; 1930, § 13; 1942, § 1147; Laws, 1991, ch. 573, § 79, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-5 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 57, art. 1 (16); 1857, ch. 57, art. 17; 1871, § 2161; 1880, § 2682; 1892, § 2752; 1906, § 3112; Hemingway's 1917, § 2476; 1930, § 2323; 1942, § 753; Laws, 1916, ch. 222; Laws, 1926, ch. 153; Laws, 1954, ch. 214, §§ 1, 2 (Para. 1, 2), eff. 5/1/1954; Am Laws, 1972, ch. 459, § 1.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-7 - [Repealed]

Repealed by Laws of 1993, ch. 448, § 1, eff. 3/22/1993.
Codes, Hutchinson's 1848, ch. 54, art. 37; 1857, ch. 60, art. 102; 1871, § 1257; 1880, § 2311; 1892, § 34; 1906, § 35; Hemingway's 1917, § 10; 1930, § 14; 1942, § 1148; Laws, 1924, ch. 151; Am. Laws, 1978, ch. 335, § 10.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-9 - Decrees in matters testamentary

The final decrees of chancery courts, and interlocutory orders or decrees named in this chapter, include such final or interlocutory decrees as may be made in matters testamentary and of administration, and in minors' business, and in cases of persons of unsound mind, unless it be otherwise expressly provided by a statute applicable to such cases.
Codes, 1880, § 2315; 1892, § 37; 1906, § 38; Hemingway's 1917, § 14; 1930, § 17; 1942, § 1151.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-11 - Appeal from judgment of criminal contempt

(1)
A person ordered by any tribunal, except the Supreme Court, to be punished for a contempt, may appeal to the court to which other cases are appealable from said tribunal. Where the punishment is either a fine only, or jail confinement only, the appeal shall be allowed upon the posting of a bond, payable to the state, with sufficient sureties, not exceeding One Thousand Dollars ($1,000.00), conditioned to abide the results of the appeal. Where the punishment is both a fine and jail confinement, the appeal shall be allowed upon the posting of a bond, not exceeding Two Thousand Dollars ($2,000.00), conditioned to appear in the court to which the appeal is prosecuted and to abide the results of such appeal.
(2)
The amount of the bonds provided for in subsection (1) of this section shall be fixed by the tribunal appealed from, shall be approved by the sheriff or other officer in whose custody the appellant may be and shall not be construed as a limitation on the amount of any fine which may be imposed.
(3)
All appeals allowed in accordance with the provisions of this section shall operate as a supersedeas.
(4)
The burden of proof in criminal contempt shall be proof beyond a reasonable doubt. A contemnor shall not be entitled to a jury trial unless the contemnor requests a jury trial and unless the fine exceeds Five Hundred Dollars ($500.00), or the imprisonment exceeds six (6) months.
Codes, 1880, § 2316; 1892, § 38; 1906, § 39; Hemingway's 1917, § 15; 1930, § 18; 1942, § 1152; Laws, 1978, ch. 335, § 11; Laws, 1981, ch. 369, § 1, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-12 - Appeal from judgment of civil contempt

(1)
A person ordered by any tribunal, except the Supreme Court, to be punished for a civil contempt, may appeal to the court to which other cases are appealable from said tribunal. If jail confinement is ordered to compel the payment of any monetary sum, the contemnor shall be allowed to appeal upon the execution of an appearance bond, payable to the appellee, with sufficient sureties, in the penalty of one hundred twenty-five percent (125%) of such sum as he has been adjudicated in contempt for failure to pay, unless the court shall determine that a lesser bond should be required. The bond shall be conditioned to abide the results of the appeal.
(2)
Where the punishment for civil contempt is other than jail confinement, the contemnor shall be allowed to appeal upon the posting of a bond, payable to the appellee, with sufficient sureties, to be approved by the tribunal appealed from, in an amount to be fixed by such tribunal, conditioned to abide the results of the appeal.
(3)
All appeals allowed in accordance with the provisions of this section shall operate as a supersedeas.
(4)
The burden of proof in civil contempt shall be proof by a preponderance of the evidence.
Laws, 1981, ch. 369, § 2; Laws, 1991, ch. 573, § 80, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-13 - and 11-51-15 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-51-13. [Codes, 1871, §§ 410, 1250; 1880, § 2317; 1892, § 40; 1906, § 41; Hemingway's 1917, § 17; 1930, § 20; 1942, § 1154] § 11-51-15. [Codes, 1871, § 2841; 1880, § 2318; 1892, § 41; 1906, § 42; Hemingway's 1917, § 18; 1930, § 21; 1942, § 1155; Am. Laws, 1978, ch. 335, § 12]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-17 - One of several parties may appeal; failure to join appeal

Any one or more of the parties to a judgment or decree may appeal therefrom. If all the parties to a judgment after receiving notice thereof in the time required by the Supreme Court do not join the appeal, they shall not afterward have the right of appeal, and the judgment of the court below shall remain in full force against them.
Codes, 1857, ch. 62, art. 107; 1871, § 1258; 1880, § 2319; 1892, § 42; 1906, § 43; Hemingway's 1917, § 19; 1930, § 22; 1942, § 1156; Laws, 1991, ch. 573, § 81, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-19 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1892, § 43; 1906, § 44; Hemingway's 1917, § 20; 1930, § 23; 1942, § 1157.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-21 - Bond to be given by parties who join in the appeal

If the parties summoned to join in the appeal desire to do so, they must comply with the requirements to perfect an appeal as if they had appealed in the first instance, or they shall not be allowed to join in said appeal. Such compliance shall be made within the time required by the Supreme Court, and if a supersedeas bond be filed, may be approved by the Clerk of the Supreme Court, or the clerk of the court from whose judgment the appeal was taken, and certified and filed in the office of the Clerk of the Supreme Court.
Codes, 1880, § 2320; 1892, § 44; 1906, § 45; Hemingway's 1917, § 21; 1930, § 24; 1942, § 1158; Laws, 1978, ch. 335, § 13; Laws, 1991, ch. 573, § 82, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-23 - Execution when suspended as to some parties

If only part of those against whom a judgment or decree is rendered appeal and supersede its execution, an execution may be issued against all, and the clerk issuing it shall note on it the fact of the supersedeas as to those who appeal, and it shall be executed only as to the others.
Codes, 1880, § 2321; 1892, § 45; 1906, § 46; Hemingway's 1917, § 22; 1930, § 25; 1942, § 1159.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-25 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 2322; 1892, § 46; 1906, § 47; Hemingway's 1917, § 23; 1930, § 26; 1942, § 1160; Am Laws, 1978, ch. 335, § 14.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-27 - Terms for granting appeal

An appeal may be granted by the court in all cases, upon terms prescribed, which shall include payment of all costs in the lower court.
Codes, Hutchinson's 1848, ch. 63, art. 2, § 150; 1857, ch. 62, art. 108; 1871, § 1250; 1880, § 2323; 1892, § 47; 1906, § 48; Hemingway's 1917, § 24; 1930, § 27; 1942, § 1161; Laws, 1978, ch. 335, § 15; Laws, 1991, ch. 573, § 83, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-29 - Prepayment of costs in civil cases on appeal

On appeals from decrees overruling demurrers or other interlocutory orders or decrees, or where the appeal is granted to settle the principles of the case, or on appeals from final judgments of a circuit court in civil cases, or from final decrees of a chancery court including cases where the circuit court or chancery court has acted as an appellate court, the appellant shall prepay all of the costs in the lower court including the cost of the preparation of the record of the proceedings in the trial court, and fee prescribed in Section
25-7-3
, to the clerk of the court from which the appeal is taken.
Codes, Hutchinson's 1848, ch. 54, art. 2, § 37; 1857, ch. 62, art. 104; 1871, § 1252; 1880, § 2334; 1892, § 48; 1906, § 49; Hemingway's 1917, § 25; 1930, § 28; 1942, § 1162; Laws, 1896, ch. 90; Laws, 1978, ch. 335, § 16, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-31 - Bond for supersedeas

(1)
A supersedeas shall not be granted in any case pending before the Supreme Court, unless the party applying for it shall give bond as required by the Rules of the Supreme Court.
(2)
In civil litigation under any legal theory, the appeal bond to be furnished during the pendency of all appeals or discretionary reviews by any appellate courts in order to stay the execution of any judgment granting legal, equitable, or other relief during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total appeal bond or other forms of security that are required of an appellant shall be in the amount of the judgment, but not to exceed fifty percent (50%) of the net worth of the appellant, and in no event shall the appeal bond exceed Thirty-five Million Dollars ($35,000,000.00).
(3)
Notwithstanding subsection (2) of this section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:
(a)
Are necessary to protect the appellee; and
(b)
Require the appellant to post a bond in an amount up to the total amount of the judgment.
(4)
In this section:
(a)
"Civil litigation" includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.
(b)
"Legal, equitable, or other relief" means all forms of relief including, without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.
(c)
"Dissipation of assets" shall not include expenditures, including payments to the owners of a business, of a kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.
(5)
The provisions of this section shall apply to all judgments entered on or after July 1, 2016, regardless of the date the civil litigation was filed.
Codes, Hutchinson's 1848, ch. 54, art. 2, §§ 34, 37; 1857, ch. 62, art. 105; 1871, § 1251; 1880, § 2325; 1892, § 49; 1906, § 50; Hemingway's 1917, § 26; 1930, § 29; 1942, § 1163; Laws, 1954, ch. 238; Laws, 1978, ch. 335, § 17; Laws, 1985, ch. 386; Laws, 1991, ch. 573, § 84, eff. 7/1/1991.
Amended by Laws, 2016, ch. 498, HB 1529, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-33 - Parties and sureties on bonds examined on oath

To enable the clerk to determine the value or amount of the matter in controversy, or the value of rents, where the same shall not appear by the proceedings in the cause, he may examine the parties and other persons, on oath. He may also examine, on oath, all persons who may be offered as sureties on any supersedeas bond, touching their sufficiency as such sureties, and require the examination to be put in writing and signed by such persons.
Codes, 1857, ch. 62, art. 106; 1871, § 1253; 1880, § 2343; 1892, § 50; 1906, § 51; Hemingway's 1917, § 27; 1930, § 30; 1942, § 1164; Laws, 1978, ch. 335, § 18, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-35 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 61, art. 1 (88); 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2326; 1892, § 51; 1906, § 52; Hemingway's 1917, § 28; 1930, § 31; 1942, § 1165; Am Laws, 1978, ch. 335, § 19.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-37 - Judgment on bond to supersede writ of possession

If the judgment or decree as to the land embraced in the stay of execution obtained under Section
11-51-35
shall be affirmed, the court below, on the receipt of the certificate of the affirmance, shall, after the obligors in the supersedeas bond have been summoned, proceed to inquire, as well of the value of the use and occupation of said land as of the damages by any waste or injury contemplated by the bond. Judgment for the sums assessed shall be rendered against the obligors in the bond, or such as are alive; and if any be dead, like proceedings in all respects may be had as are provided for in other cases of deceased obligors in bonds given in legal proceedings.
Codes, Hutchinson's 1848, ch. 61, art. 1(88); 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2327; 1892, § 52; 1906, § 53; Hemingway's 1917, § 29; 1930, § 32; 1942, § 1166; Laws, 1978, ch. 335, § 20, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-39 - Requirements of supersedeas bond where judgment appealed from directs sale or delivery of possession of real estate

If the judgment appealed from directs the sale or the delivery of possession of real estate, the supersedeas bond shall be conditioned to pay all damages, and not to commit or suffer to be committed any waste thereon, and to pay the value of the use and occupation thereof until the delivery of possession, in case the possession is to be surrendered, if the judgment appealed from shall be affirmed. In such case, the chancery court, when the cause shall be remanded, shall ascertain the value of the use and occupation and of any waste committed and the damages, and shall render such judgment therefor against the obligors in the supersedeas bond, or the representatives of any who have died, as may be necessary to secure the rights of the party entitled to such judgment. A judgment for the sums assessed shall be rendered against the obligors in the bond or such as are alive; and if any be dead, like proceedings may be had in all respects as provided for in other cases of deceased obligors in bonds given in legal proceedings.
Codes, 1880, § 2328; 1892, § 53; 1906, § 54; Hemingway's 1917, § 30; 1930, § 33; 1942, § 1167; Laws, 1978, ch. 335, § 21; Laws, 1991, ch. 573, § 85, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-41 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 2331; 1892, § 56; 1906, § 57; Hemingway's 1917, § 33; 1930, § 36; 1942, § 1170.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-43 - Supersedeas in cases not provided for

In any case of an appeal to the Supreme Court, where no special provision is made by law for a supersedeas of the judgment or decree appealed from, or for the bond to be given in such case, a supersedeas may be allowed by the court rendering the judgment or decree appealed from or by the judge thereof, or by the supreme court or any of the judges of said court, upon such bond, with such sureties as said court or judge may direct in the order for a supersedeas.
Codes, 1880, § 2330; 1892, § 55; 1906, § 56; Hemingway's 1917, § 32; 1930, § 35; 1942, § 1169.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-45 - When bond made payable to state

In all cases not specially provided for, the supersedeas bond may be made payable to the state. Where it is provided that such bond shall be made payable to the opposite party, it shall not be an objection to the bond that it is not payable to the proper person, but such bond shall be valid and binding on the obligors, and may be proceeded on in all respects as if it were payable as directed by law.
Codes, 1880, § 2329; 1892, § 54; 1906, § 55; Hemingway's 1917, § 31; 1930, § 34; 1942, § 1168; Laws, 1978, ch. 335, § 22, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-47 - Supersedeas bond signed by one appellant sufficient

Supersedeas bonds shall be sufficient if signed by one or more of several appellants, with sureties as required by law, and in case of the affirmance of the decree or judgment complained of, the judgment of affirmance shall be entered against all the appellants in the same manner as if all had signed such bond; but if the decree or judgment be affirmed as to some and reversed as to others of said appellants, the judgment of affirmance shall be entered only against those as to whom it is affirmed, and the sureties on the bond.
Codes, 1857, ch. 62, art. 111; 1871, § 1261; 1880, § 2332; 1892, § 57; 1906, § 58; Hemingway's 1917, § 34; 1930, § 37; 1942, § 1171; Laws, 1978, ch. 335, § 23, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-49 - Bonds by corporations

Appeal bonds may be executed by a corporation by its authorized agent or attorney, in the name of the corporation, without affixing its corporate seal, and such bond, when so executed by the attorney of record of a corporation, shall be held and conclusively presumed to have been executed by the authority of such corporation.
Codes, 1892, § 58; 1906, § 59; Hemingway's 1917, § 35; 1930, § 38; 1942, § 1172; Laws, 1888, p. 92.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-51 - through 11-51-55 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-51-51. [Codes, 1892, § 59; 1906, § 60; Hemingway's 1917, § 36; 1930, § 39; 1942, § 1173; Am Laws, 1978, ch. 335, § 24] § 11-51-53. [Codes, 1892, § 60; 1906, § 61; Hemingway's 1917, § 37; 1930, § 40; 1942, § 1174; Am Laws, 1978, ch. 335, § 25] § 11-51-55. [Codes, Hutchinson's 1848, ch. 63, class IV, art. 1 (24); 1851; 1851, ch. 63, art. 29; 1871, § 431; 1880, § 2345; 1892, § 72; 1906, § 73; Hemingway's 1917, § 53; 1930, § 52; 1942, § 1186]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-57 - Appellee, nonresident or residence unknown

When the appellee's residence is unknown, and he has no attorney in this state, notice of the appeal may be published in the manner provided for by the Mississippi Rules of Civil Procedure for service by publication upon such persons, and the Supreme Court, being satisfied thereof, may hear and determine the appeal as if a summons had been duly served on the appellee.
Codes, Hutchinson's 1848, ch. 63, class IV, art. 3; 1857, ch. 63, art. 30; 1871, § 432; 1880, § 1420; 1892, § 73; 1906, § 74; Hemingway's 1917, § 54; 1930, § 53; 1942, § 1187; Laws, 1991, ch. 573, § 86, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-59 - Execution stayed by bond

When an appeal shall be taken, and bond for stay of execution given, the clerk shall not issue execution on the judgment or decree appealed from until such stay shall end or be discharged. If execution had been issued before the bond for stay of execution was given, the clerk shall issue a command to the officer in whose hands the execution may be to desist from enforcing it, and to surrender any property seized under it to the person from whom it was taken or who may be entitled to it.
Codes, 1880, § 2346; 1892, § 74; 1906, § 75; Hemingway's 1917, § 55; 1930, § 54; 1942, § 1188.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-61 - and 11-51-63 - [Repealed]

Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-51-61. [Codes, Hutchinson's 1848, ch. 63, art. 2 (151); 1857, ch. 62, art. 103; 1871, § 1255; 1880, § 2344; 1892, § 68; 1906, § 69; Hemingway's 1917, § 47; 1930, § 55; 1942, § 1189; Am Laws, 1978, ch. 335, § 26] § 11-51-63. [Codes, Hemingway's 1917, § 48; 1930, § 56; 1942, § 1190; Laws, 1914, ch. 209]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-65 - Record on second appeal

If a case be remanded by the Supreme Court to the court below, and afterwards an appeal be taken in the same case to the Supreme Court, it shall not be necessary for the appellant to cause to be filed in the Supreme Court a transcript of so much of the record as may be already on file in said court, but the transcript previously sent up, together with a transcript of the subsequent proceedings in the case in the court below, shall constitute the record for the case in the Supreme Court. In such case, if the appellant shall, in his application for appeal, signify his desire for the clerk to make out and certify only a transcript of such subsequent proceedings, the clerk shall act accordingly.
Codes, 1880, § 2347; 1892, § 75; 1906, § 76; Hemingway's 1917, § 56; 1930, § 57; 1942, § 1191.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-67 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1942, § 1191.5; Laws, 1958, ch. 277, eff. 5/26/1958
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-69 - Prepayment for costs certified on transcript

When prepayment for costs shall be made with a clerk, he shall certify the fact on the transcript of the record, and immediately pay the costs of the court reporter. When the case shall be determined, if costs be adjudged against the appellant, the clerk shall pay the remaining costs out of the money so deposited, and shall deliver the residue of the money, or all of it if costs be not adjudged against such party, to the party entitled to it; and for any failure thereof he shall be liable to be dealt with by the Supreme Court, or the court of which he is clerk, for a contempt.
Codes, 1880, § 2348; 1892, § 76; 1906, § 77; Hemingway's 1917, § 57; 1930, § 58; 1942, § 1192; Laws, 1978, ch. 335, § 27; Laws, 1979, ch. 482, § 2, eff. 4/18/1979.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-71 - Statement on transcript of payment of fee therefor

The clerk shall make a statement on the transcript of the record sent to the Supreme Court that the amount of his fee for such transcript has been paid to him; and, if he shall not do this, the Clerk of the Supreme Court shall not be required to demand and receive the same prior to filing the appeal.
Codes, 1880, § 2349; 1892, § 77; 1906, § 78; Hemingway's 1917, § 58; 1930, § 59; 1942, § 1193; Laws, 1978, ch. 335, § 28, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-73 - Provision as to sending up bond directory

The provision that the clerk shall send up to the Supreme Court any bond taken is directory, and shall not preclude the rendition of judgment by the Supreme Court on a copy of such bond, but said court may give judgment on a copy of such bond as if the original were before it.
Codes, 1880, § 2350; 1892, § 78; 1906, § 79; Hemingway's 1917, § 59; 1930, § 60; 1942, § 1194; Laws, 1978, ch. 335, § 29, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-77 - Appeal from assessment of taxes - Attorney General, district attorney, county attorney may appeal

(1)
Any person aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town or village, as to the assessment of taxes, may, within ten (10) days after the adjournment of the meeting at which such decision is made, appeal to the circuit court of the county, upon giving bond, with sufficient sureties, in double the amount of the matter in dispute, but never less than One Hundred Dollars ($100.00), payable to the state, and conditioned to perform the judgment of the circuit court, and to be approved by the clerk of such board, who, upon the filing of such bond, shall make a true copy of any papers on file relating to such controversy, and file such copy certified by him, with said bond, in the office of the clerk of the circuit court, on or before its next term. The controversy shall be tried anew in the circuit court at the first term, and be a preference case, and, if the matter be decided against the person who appealed, judgment shall be rendered on the appeal bond for damages at the rate of ten percent (10%) on the amount in controversy and all costs. If the matter be decided in favor of the person who appealed, judgment in his favor shall be certified to the board of supervisors, or the municipal authorities, as the case may be, which shall conform thereto, and shall pay the costs.
(2)
A political subdivision may appeal an assessment of taxes as provided in this subsection (2). Only the county attorney, the district attorney, the Attorney General, or the political subdivision acting through its attorney, if the state, county, municipality or political subdivision be aggrieved by a decision of the board of supervisors or the municipal authorities of a city, town, or village as to the assessment of taxes, may, within twenty (20) days after the adjournment of the meeting at which such decision is made, or within twenty (20) days after the adjournment of the meeting at which the assessment rolls are corrected in accordance with the instructions of the Department of Revenue, or within twenty (20) days after the adjournment of the meeting of the board of supervisors at which the approval of the roll by the Department of Revenue is entered, appeal to the circuit court of the county in like manner as in the case of any person aggrieved as provided in subsection (1) of this section, except no bond shall be required, and such appeal may be otherwise governed by the provisions of this section.
Codes, 1880, § 504; 1892, § 80; 1906, § 81; Hemingway's 1917, § 61; 1930, § 62; 1942, § 1196; Laws, 1918, ch. 120.
Amended by Laws, 2018, ch. 431, HB 693,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-79 - Appeals from the county court

No appeals or certiorari shall be taken from any interlocutory order of the county court, but if any matter or cause be unreasonably delayed of final judgment therein, it shall be good cause for an order of transfer to the circuit or chancery court upon application therefor to the circuit judge or chancellor. Appeals from the law side of the county court shall be made to the circuit court, and those from the equity side to the chancery court on application made therefor and bond given according to law, except as hereinafter provided. Such appeal shall operate as a supersedeas only when such would be applicable in the case of appeals to the Supreme Court. Appeals should be considered solely upon the record as made in the county court and may be heard by the appellate court in termtime or in vacation. If no prejudicial error be found, the matter shall be affirmed and judgment or decree entered in the same manner and against the like parties and with like penalties as is provided in affirmances in the Supreme Court. If prejudicial error be found, the court shall reverse and shall enter judgment or decree in the manner and against like parties and with like penalties as is provided in reversals in the Supreme Court; provided, that if a new trial is granted the cause shall be remanded to the docket of such circuit or chancery court and a new trial be had therein de novo. Appeals from the county court shall be taken and bond given within thirty (30) days from the date of the entry of the final judgment or decree on the minutes of the court; provided, however, that the county judge may within said thirty (30) days, for good cause shown by affidavit, extend the time, but in no case exceeding sixty (60) days from the date of the said final judgment or decree. Judgments or decrees of affirmance, except as otherwise hereinafter provided, may be appealed to the Supreme Court under the same rules and regulations and under the same penalties, in case of affirmance, as appertain to appeals from other final judgments or decrees of said courts, but when on appeal from the county court a case has been reversed by the circuit or chancery court there shall be no appeal to the Supreme Court until final judgment or decree in the court to which it has been appealed. When the result of an appeal in the Supreme Court shall be a reversal of the lower court and in all material particulars in effect an affirmance of the judgment or decree of the county court, the mandate may go directly to the county court, otherwise to the proper lower court. Provided, however, that when appeals are taken in felony cases which have been transferred from the circuit court to the county court for trial, and have been there tried, such appeals from the judgment of the county court shall be taken directly to the Supreme Court.
Codes, 1930, § 704; 1942, § 1616; Laws, 1926, ch. 131; Laws, 1932, chs. 140, 256; Laws, 1940, ch. 229; Laws, 1966, ch. 348, § 1; Laws, 2001, ch. 423, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-81 - Appeals to the county court

All appeals from courts of justices of the peace, special and general, and from all municipal courts shall be to the county court under the same rules and regulations as are provided on appeals to the circuit court, but appeals from orders of the board of supervisors, municipal boards, and other tribunals other than courts of justice of the peace and municipal courts, shall be direct to the circuit court as heretofore. And from the final judgment of the county court in a case appealed to it under this section, a further appeal may be taken to the circuit court on the same terms and in the same manner as other appeals from the county court to the circuit court are taken: Provided that where the judgment or record of the justice of the peace, municipal or police court is not properly certified, or is not certified at all, that question must be raised in the county court in the absence of which the defect shall be deemed as waived and by such waiver cured and may not thereafter be raised for the first time in the circuit court on the appeal thereto; and provided further that there shall be no appeal from the circuit court to the Supreme Court of any case civil or criminal which originated in a justice of the peace, municipal or police court and was thence appealed to the county court and thence to the circuit court unless in the determination of the case a constitutional question be necessarily involved and then only upon the allowance of the appeal by the circuit judge or by a judge of the Supreme Court.
Codes, 1930, § 705; 1942, § 1617; Laws, 1926, ch. 131.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-83 - Appeals from unlawful entry and detainer court

Either party aggrieved by the judgment of the justices rendered in a case of unlawful entry and detainer, may, after final judgment, appeal to the circuit court of the county, within five days after the rendition of the judgment, by entering into bond with sufficient sureties, to be approved by the justice before whom the complaint was made, or in his absence before another justice, who tried the case, in a penalty double the amount of the rent recovered, but never less than Two Hundred Dollars ($200.00), payable to the opposite party, conditioned for the payment of such judgment as the circuit court may render against him. Such appeal shall operate as a supersedeas. The justice shall send to the circuit court all the papers and proceedings, and a transcript of all orders and judgments in said cause, and shall deliver the same to the clerk of the circuit court, to be there docketed for trial. The circuit court shall, at the first term, hear and determine the cause anew on its merits, in a summary way. On the trial in the circuit court, the plaintiff may claim for all arrears of rent due at the time of such trial, or for the use and occupation of the premises up to that time. The court shall cause judgment to be entered against the defendant and his sureties on the appeal bond, for the amount found to be due, and award a fieri facias thereon, with legal interest and all costs; but the judgment against the surety shall not exceed the penalty of the appeal bond.
Codes, Hutchinson's 1848, ch. 56, art. 7 (17); 1857, ch. 42, art. 18; 1871, § 1594; 1880, § 2657; 1892, § 81; 1906, § 82; Hemingway's 1917, § 62; 1930, § 63; 1942, § 1197.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 51 - APPEALS (§§ 11-51-1 — 11-51-113) › Section 11-51-85 - Appeals from judgment of justice court judge in civil cases

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 (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 double the amount of the judgment, or double 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.
Codes, Hutchinson's 1848, ch. 50, art. 17; 1857, ch. 58, art. 23; 1871, § 1332; 1880, § 2353; 1892, § 82; 1906, § 83; Hemingway's 1917, § 63; 1930, § 64; 1942, § 1198; Laws, 1912, ch. 203; Laws, 1973, ch. 374, § 1; Laws, 1981, ch. 471, § 40; Laws, 1982, ch. 423, § 24, eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.