§ 16-19-1105 - Trial on appeal.
16-19-1105. Trial on appeal.
(a) Upon the return of the justice of the peace being filed in the clerk's office, the court shall be in possession of the cause and shall proceed to hear, try, and determine the cause anew on its merits, without any regard to any error, defect, or other imperfection in the proceedings of the justice of the peace.
(b) The same cause of action, and no other, that was tried before the justice of the peace shall be tried in the circuit court upon the appeal.
(c) No setoff shall be pleaded that was not pleaded before the justice of the peace if the summons was served on the person of the defendant.