Cantrell v. Lusk
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. IIoN. Claude ClaytoN, Judge. ON Suggestion oe Error. As to the lands total and partial damages to which was and is sued for in both actions, we insist that even if the verdict had been a general verdict it would not, under the facts in this case, constitute an estoppel, or a bar as a plea of res judicata to a recovery for damages sued for in the second count of this suit.
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Appeal from the circuit court of Monroe county. IIoN. Claude ClaytoN, Judge. ON Suggestion oe Error. As to the lands total and partial damages to which was and is sued for in both actions, we insist that even if the verdict had been a general verdict it would not, under the facts in this case, constitute an estoppel, or a bar as a plea of res judicata to a recovery for damages sued for in the second count of this suit. For in the first suit there were two counts, presenting two separate and distinct issues, and with a general verdict it would have been impossible to say on which of the two…
1Opinion of the CourtCook, P. J.
The record in this case is so badly arranged, and so difficult to understand, that we were misled when we affirmed the judgment of the trial court. We were then under the impression that the record showed that appellant was seeking to recover for the value of crops alleged to have been planted on land for which land he had recovered in a former suit the full value. This conclusion we find was erroneous, after a careful disentangling of this small, yet difficult, record of the first and second suits.
It appears that in the first suit the jury rendered a verdict for damage to crops alone. The…
2Cases cited1 opinion
- Yazoo & M. V. R. R. v. SibleyMississippi Supreme Court · 1916
3Cited by6 opinions
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- COVENANT HEALTH v. Estate of LambertCourt of Appeals of Mississippi · 2006
- State Farm Auto Ins. Companies v. DavisCourt of Appeals of Mississippi · 2004
- Stribling v. HauerkampCourt of Appeals of Mississippi · 2000
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