Section 35-9-87

Appeals.

(a) Any party may appeal from a judgment entered against him by any district court, to the circuit court, at any time within one day after the entry thereof, and such appeal and the proceedings thereon shall in all respects be governed by the law relating to appeals from district courts.

(b) An appeal does not prevent the issuance of a writ of restitution or possession unless the defendant also executes a supersedeas bond with sufficient sureties, payable to the sheriff, in the sum of twice the yearly value of the rent of the premises, to be ascertained by the court, with condition to pay the plaintiff all such damages as he may sustain by the prosecution of the appeal.

(c) Upon the trial in circuit court, the judgment, if against the appellant, must be entered against him and the sureties on the appeal bond, including the costs in both courts, and if the appeal was taken by the defendant, and a supersedeas bond was executed, a writ of restitution or possession must be awarded, and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises, pending the appeal.

(Acts 1932, Ex. Sess., No. 133, p. 164; Code 1940, T. 31, §§41-43.)