Mosely v. Jamison
Mississippi Supreme Court
From the circuit coui’t of the first district of Chickasaw county.- IIon. Newnan Cayce, Judge. Mosely instituted an action for damages against Jamison for assault and battery, and agreed to give his attorney who brought the suit one-half the recovery for his services. He also agreed to pay the actual expenses incurred by the attorney while prosecuting the suit.
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From the circuit coui’t of the first district of Chickasaw county.- IIon. Newnan Cayce, Judge. Mosely instituted an action for damages against Jamison for assault and battery, and agreed to give his attorney who brought the suit one-half the recovery for his services. He also agreed to pay the actual expenses incurred by the attorney while prosecuting the suit. After several trials and appeals to the supreme court, when the costs had become very large, the parties entered into an agreement of compromise, by which, Jamison was to pay Mosely $150, and was also to pay the costs. He paid the…
1Opinion of the CourtCampbell, C. J.
The appellant is entitled to the judgment he seeks in this case. He and Jamison had a perfect right to compromise and settle their controversy as they did. There is no danger *459-whatever, on the facts appearing in this record, that Jamison will be held further liable in the action of Mosely against him in Clay county, at the suit of Mosely or his attorney. The right of parties to settle their suits in good faith, and without collusion for the express purpose of wronging another, is undisputed and indisputable, even in England, where costs to attorneys are regulated by law, and taxable, and, a…
2Cited by7 opinions
- Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
- Cochran v. HenryMississippi Supreme Court · 1914
- Tyler v. the Superior CourtSupreme Court of Rhode Island · 1909
- Zerkowsky v. ZerkowskyMississippi Supreme Court · 1931
- MacLeod v. Vest Transportation Co.District Court, N.D. Mississippi · 1964
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