As Amended
SEC. 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 term time 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 the 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.
SOURCES: Codes, 1930, Sec. 704; Laws, 1942, Sec. 1616; Laws, 1926, ch. 131; Laws, 1932, chs. 140, 256; Laws, 1940, ch. 229; Laws, 1966, ch. 348, Sec. 1; Laws, 2001, ch. 423, Sec. 1, SB 2839, eff from and after July 1, 2001.
PREVIOUS VERSION: Pre-2001.