Davis v. Woods
Mississippi Supreme Court
From the circuit court of Lauderdale county. ITon. John L. Buckley, Judge. Davis, appellant, was plaintiff in tbe court below; Woods, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. The demurrer should not have been sustained.
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From the circuit court of Lauderdale county. ITon. John L. Buckley, Judge. Davis, appellant, was plaintiff in tbe court below; Woods, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. The demurrer should not have been sustained. The concluding clause of the first paragraph in said amended declaration is in the following language, to-wit: “which words were spoken contrary to the statute, with a view to insult the plaintiff1' and to lead him to commit violence and breach of the…
1Opinion of the CourtMates, J.
This is a suit under section 10, Code of 1906, which provides that “all words which, from their usual construction and common acceptance, are considered as insults, and calculated to lead to a breach of the peace, shall be actionable; and a plea, exception or demurrer shall not be sustained to preclude a jury from passing thereon, who are the sole judges of the damages sustained; but this shall not deprive the courts of the power to grant new trials, as in other cases.” The declaration substantially alleges that about the 9th day of October, 1907, Davis was approached by Woods,' and Woods…
2Cases cited1 opinion
- Dedeaux v. KingMississippi Supreme Court · 1907
3Cited by6 opinions
- Hodges v. CunninghamMississippi Supreme Court · 1931
- Tattis v. KarthansMississippi Supreme Court · 1968
- Winton v. PattersonMississippi Supreme Court · 1928
- Salvo v. EdensMississippi Supreme Court · 1959
- Huckabee v. NashMississippi Supreme Court · 1938
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