Tigner v. McGehee
Mississippi Supreme Court
Motion in Supreme Court. The appellants in this case appealed, without supersedeas, from a decree of the Chancery Court ordering the sale of a tract of land to pay a certain indebtedness declared to be a charge thereupon.
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Motion in Supreme Court. The appellants in this case appealed, without supersedeas, from a decree of the Chancery Court ordering the sale of a tract of land to pay a certain indebtedness declared to be a charge thereupon. This court rendered a judgment affirming the decree of the lower court, and adjudging further “ that the appellees do have and recover of the appellants damages at the rate of five per cent on the value of the land described in the final decree of the court below, or on the amount ■of the said decree, whichever shall be found to be the smaller, '* * * and that the appellants…
1Opinion of the CourtCampbell, C. J.
The appellee is entitled to judgment against the appellant for five per cent damages, by virtue of sect. 1422 of the Code of *2441880, which provides for damages in cases in which none were allowed by the former law. The right of the appellee to judgment for damages on affirmance is independent of whether or not the judgment or decree appealed from is stayed by supersedeas. Damages follow affirmance as a penalty for appealing from a proper judgment or decree.
Motion denied.
2Cited by11 opinions
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- Eagle Lumber & Supply Co. v. RobertsonMississippi Supreme Court · 1931
- Boyd v. ApplewhiteMississippi Supreme Court · 1920
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