Foster v. Hicks
Mississippi Supreme Court
From the circuit court of Jefferson county. Hon. Moyse H. Wilkinnson, Judge. Mrs. Hicks, appellee, and others were plaintiffs in the court below; they recovered a judgment for $2,500 against a railroad company for the wrongful death of one William, T. Hides, the husband of appellee, and the father of the other plaintiffs,, and the judgment was entered jointly in favor of all the plaintiffs.
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From the circuit court of Jefferson county. Hon. Moyse H. Wilkinnson, Judge. Mrs. Hicks, appellee, and others were plaintiffs in the court below; they recovered a judgment for $2,500 against a railroad company for the wrongful death of one William, T. Hides, the husband of appellee, and the father of the other plaintiffs,, and the judgment was entered jointly in favor of all the plaintiffs. Afterwards, at a succeeding term of the court, Mrs. Hicks, appellee, widow of the deceased, moved the court to change the judgment entry so as to make it a judgment alone in her favor. The court below…
1Opinion of the Court
Mayes, J.,
delivered tbe opinion of tbe court.
Tbe action of tbe court in sustaining tbe petition of Margaret J. Hicks to correct the judgment so as to make it a judgment for her alone, and not in favor of tbe other plaintiffs named in the declaration, who were the children of the deceased, was error, but in no way affected their interest in tbe amount of tbe recovery. Tbe original judgment was entered as it should have been, and there was no mistake, miscalculation, or misrecital in tbe judgment warranting tbe granting of the application under Code 1906, § 1016, to have same corrected. Tbe…
2Cases cited1 opinion
- Pickens v. Illinois Central RailroadMississippi Supreme Court · 1908
3Cited by4 opinions
- St. Louis-S. F. Ry. Co. v. ThompsonSupreme Court of Oklahoma · 1929
- Gulf & S. I. R. v. BradleyMississippi Supreme Court · 1915
- Kelly v. HowardMississippi Supreme Court · 1910
- Kirkpatrick v. Ferguson-Palmer Co.Mississippi Supreme Court · 1917