Taylor v. Morton
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. In this action of replevin by the appellee against the appellant, the verdict was, “ We, the jury, find for the plaintiff, that he is entitled to the immediate possession of the mule in controversy, or its value, which we assess at fifty dollars; also five dollars interest on same at six per cent, from the time of taking; also twelve dollars damages for time lost by plaintiff in prosecuting his suit;…
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Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. In this action of replevin by the appellee against the appellant, the verdict was, “ We, the jury, find for the plaintiff, that he is entitled to the immediate possession of the mule in controversy, or its value, which we assess at fifty dollars; also five dollars interest on same at six per cent, from the time of taking; also twelve dollars damages for time lost by plaintiff in prosecuting his suit; also ten dollars punitive damages for attorney’s fee in the case,” and there was a judgment accordingly against the…
1Opinion of the CourtCooper, J.
By the third instruction the jury were'told in effect, that if William Morton, the plaintiff, was entitled to recover the possession of the mule in controversy, he was also entitled to recover for the value of his time lost in prosecuting his claim. This was error. Cowden v. Lockridge, 60 Miss. 385. By the fourth instruction the jury were charged that if they believed from the evidence the taking or detention of the mule was attended by circumstances of fraud, wrong, or oppression they could allow the plaintiff his attorney’s fee. Since every violation of a legal right is a legal wrong, it…
2Cases cited3 opinions
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
- Whitfield v. WhitfieldMississippi Supreme Court · 1866
- Cowden v. LockridgeMississippi Supreme Court · 1882
3Cited by12 opinions
- Ingram Day Lumber Co. v. RobertsonMississippi Supreme Court · 1922
- Mars v. HendonMississippi Supreme Court · 1937
- Indianapolis Journal Newspaper Co. v. PughIndiana Court of Appeals · 1893
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
- Sumrall Motor Co. v. CreelMississippi Supreme Court · 1930
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