Mobile & Ohio Railroad v. Watly
Mississippi Supreme Court
Motion in the'Supreme court. A judgment rendered in the circuit court of Noxubee county in favor of Jack Watly against the Mobile & Ohio Railroad Company has been reversed at the present term, on the appeal of the defendant, and cause remanded for a new trial.
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Motion in the'Supreme court. A judgment rendered in the circuit court of Noxubee county in favor of Jack Watly against the Mobile & Ohio Railroad Company has been reversed at the present term, on the appeal of the defendant, and cause remanded for a new trial. The clerk of the supreme court declines to certify the judgment to the lower court until the costs shall be paid; and this motion is made in the supreme court by the appellee, Watly, for an order on the clerk requiring him to do so. The motion involves the construction of § 1442, code 1880, which provides as follows: “ Every final…
1Opinion of the CourtCampbell, C. J.
The judgments of this court affirming or reversing a judgment or decree appealed from, are final in the sense in which the term is used in § 1442 of the code of 1880, and the payment of the costs accrued in this court, and all costs for which the clerk of this court may issue execution, is a condition precedent to the right to demand of him the certification of the. affirmance or reversal to the court below. The jurisdiction of this court is entirely appellate. It may, in certain states of case, gender the judgment or decree which should have been rendered below; but, even then, execution…
2Cited by7 opinions
- Edmonds v. Delta Democrat Publishing Co.Mississippi Supreme Court · 1954
- White v. StateMississippi Supreme Court · 1940
- Jackson County v. MeautMississippi Supreme Court · 1939
- Eastman-Gardiner Naval Store Co. v. GregoryMississippi Supreme Court · 1932
- Ganong v. Town of JonestownMississippi Supreme Court · 1910
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