Davis v. Wilkins
Mississippi Supreme Court
Appeal from circuit court of Montgomery county. Hon. T. L. Lamb, Judge. On motion to correct judgment by eliminating that portion embracing damages at the rate of five per cent, as not recoverable against the United States or the director general.
1Opinion of the CourtEthridge, J.
On a former day this cause was affirmed and judgment entered, with five per cent, damages on the judgment appealed from under section 4926, Code of 1906 (section 3202, Hemingway’s Code.) This motion is made to correct the judgment then rendered so as to eliminate that portion of the judgment embracing damages at the rate of five per cent, on the ground that the same is not recoverable against the United States or the director general, acting under the authority of the United States, and the cases of Mo. Pao. R. R. Co. v. Ault, 225 U. S. —, 41 Sup. Ct. 593, 65 L. Ed. —; Davis v. Elzey, 89 So.…
2Cases cited2 opinions
- United States v. SmithSupreme Court of the United States · 1877
- Neely v. PayneMississippi Supreme Court · 1921
3Cited by5 opinions
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- State Highway Commission v. MasonMississippi Supreme Court · 1941