
    William Ball et al. v. Edward Sledge.
    1. Justice’s Court. Appeal. Jurisdiction. Circuit court. Code 1892, ll 83, 84.
    A circuit court has no jurisdiction of a suit begun before a justice of the peace unless the record shows that a judgment was rendered by the justice of the peace and an appeal bond’ executed. Code 1892, §§83, 84.
    2. Same. Supreme court.
    
    The supreme court has no jurisdiction of a case begun in the court of a justice of the peace, unless the circuit court had jurisdiction.
    Erom the circuit court of Bolivar’county.
    Hon. A. McC. Kimbrough, Judge.
    Ball and another, appellants, were plaintiffs, and Sledge, appellee was defendant in the court below. The case was begun in a justice’s court. Erom a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The state of the record, on which the case turned, is shown by the opinion of the court.
    
      
      Moore & GlarTe, for appellants.
    
      Sillers & Owen, for appellee.
   Truly, J.,

delivered tbe opinion of tbe court.

This is a suit instituted by appellants in a justice of tbe peace court, and, so far as tbis record shows, tbe case was never tried or decided by tbe justice of tbe peace. There is no judgment of the justice of.tbe peace, no bond for appeal to tbe circuit court, nothing to show a final determination in tbe court where tbe ease was first tried. Sections 83 and 84 of tbe Code of 1892 state what is necessary to be done in causes originating before a justice of tbe peace and appealed to tbe circuit court. Under tbe facts disclosed by tbis record, tbe circuit court bad no jurisdiction, and therefore tbis court has none, and we are forced to dismiss tbe appeal. Appellants may, if they can, perfect their appeal by certiorari, whereupon we will reinstate tbe case, conditioned that tbe appellants shall pay tbe costs of tbe appeal in tbis court. See Gardner v. R. R. Co., 78 Miss., 640, 29 South., 469, and cases there cited.

Appeal dismissed, but with privilege of reinstatement on terms indicated. 
      
      
         The case was reinstated and afterwards decided on its merits. See next case in these reports.
     