Title 15, Chapter 10, Section 41
( 15-10-41)
(a) There shall be no jury trials in the magistrate court. (b)(1) Except as otherwise provided in this subsection, appeals
may be had from judgments returned in the magistrate court to the
state court of the county or to the superior court of the county
and the same provisions now provided for by general law for
appeals contained in Article 2 of Chapter 3 of Title 5 shall be
applicable to appeals from the magistrate court, the same to be a
de novo appeal. The provisions of said Article 2 of Chapter 3 of
Title 5 shall also apply to appeals to state court. (2) No appeal shall lie from a default judgment. Review shall be
by certiorari to the state court of that county or to the superior
court of that county. |