Howie v. Bonds
Mississippi Supreme Court
From the chancery court of Scott county. Hon."James L. McOaskill, Chancellor. Bonds, the appellee, was complainant in the court below; Howie and others, the appellants, doing business under the firm name of Howie Bros., were defendants there. The chancery court rendered a decree in favor of the complainant for the sum of eight hundred and thirty-four dollars as commissions on the sale of five thousand five hundred and sixty acres of land.
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From the chancery court of Scott county. Hon."James L. McOaskill, Chancellor. Bonds, the appellee, was complainant in the court below; Howie and others, the appellants, doing business under the firm name of Howie Bros., were defendants there. The chancery court rendered a decree in favor of the complainant for the sum of eight hundred and thirty-four dollars as commissions on the sale of five thousand five hundred and sixty acres of land. From this decree the defendants appealed to the supreme court, which affirmed the decree upon the entry of a remittitur by the complainant, the chief…
1Opinion of the CourtWhitfield, C. J.
The record discloses a judgment of affirmance, not one of reversal. Where a remittitur is entered as a condition of affirmance, what follows is just as much an affirmance as in a case where there is an unconditional affirmance. The judgment entered being, therefore, one of affirmance, as shown by the face of the record, it was proper to allow the five per cent damages provided by the statute in cases of affirmance. We do not think any just distinction can'be made as to the right to damages on affirmance between actions arising ex delicto and those arising ex contractu. In the two c^ses…
2Cases cited3 opinions
- Delta & Pine Land Co. v. WallaceMississippi Supreme Court · 1903
- Carver v. City of JacksonMississippi Supreme Court · 1903
- Sproule v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1900
3Cited by7 opinions
- Fidelity & Deposit Co. v. Wilkinson CountyMississippi Supreme Court · 1915
- Hill v. CappsMississippi Supreme Court · 1964
- Shipman v. LovelaceMississippi Supreme Court · 1952
- Ford v. Commercial Securities Co.Mississippi Supreme Court · 1954
- Aetna Life Ins. Co. v. ThomasMississippi Supreme Court · 1932
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