Wells v. Branscome

This suit is based upon the actionable words statute, Mississippi Code 1942, Section 1059, which provides: “All words which, from their usual construction and common acceptation, 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.

C. H. Wells, appellant, brought the action in the Circuit Court of Grenada County…