Tigner v. McGehee

Mississippi Supreme Court October 15, 1882

Tigner v. McGehee, 60 Miss. 242 (Miss. 1882)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

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.

Reference

Full Case Name: W. N. Tigner v. Louise S. McGehee
Cited By: 11 cases
Status: Published
Syllabus: Supreme Court Practice. Damages on affirmance. Effect of supersedeas. Where the decree of a Chancery Court for the sale of land to satisfy an indebtedness charged thereon, is, upon appeal, affirmed by this court, the appellee is entitled to a judgment here against the appellant for damages at. the rate of five per centum on the value of the property, or the amount of the decree, ■whichever is the smaller; and this rule as to damages is the same, whether the execution of the decree appealed from has or has not been stayed by a supersedeas.