Davis v. McCullers
Davis v. McCullers
Opinion of the Court
delivered the opinion of the court.
On the first appeal of this case the judgment was reversed and the cause remanded for a new trial. Hines v. McCullers, 121 Miss. 666, 83 So. 734. On the reversal and remand of the case to the circuit court, there was a second trial, with a verdict in favor of plaintiffs against the director general for fifty thousand dollars; which cause was appealed, and an affirmance with a remittitur of twenty-five thousand dollars was entered on July 11, 1921, on which date the following order was entered here:
“This cause having been submitted on a former day of this term on the record herein, from the circuit court of Coahoma county, second district, and this court having
Thereafter a suggestion of error was filed and overruled, and in September, 1921, negotiations were enterd into, looking to a compromise and settlement of this judgment, and a settlement or agreement was reached on September 6, 1921. At the time of this settlement in negotiations, it is said that the defendant was preparing to get a review of the case in the supreme court of the United States, and under the practice of that court an application must be made within a limited time. After discussing the matter with counsel for the plaintiffs, one of the attorneys for the defendant in that cause wrote a letter setting forth his understanding of the settlement, which agreement was not reduced to writing. And thereupon a voucher for twenty-five thousand nine hundred and twenty-four dollars and seven cents was issued by the director general and was turned over to the complainants and their attorneys, who signed a receipt in full, on account of the judgment rendered, including interest, to which receipt wr-as attached a copy of the declaration, the pleadings, and certified copy of the judgment of this court, and the money was collected and distributed among the complainants,
“In full settlement, discharge, and satisfaction of the judgment and the cost (including interest, if any,) rendered in favor of the plaintiff in the case of J. F. McCullers et al. v. Jas. C. Davis, Director General of Railroads and Agent of the United States in the supreme court of the state of Mississippi on or about July 11, 1921.”
The circuit judge sustained the motion, and entered an order directing the setting aside and the cancellation of the order of satisfaction of the judgment entered on the records, and leaving the judgment in force, as though such entry of satisfaction had not been made.
We have given careful consideration to the case and are of the opinion that the circuit court erred in setting aside the order of cancellation and satisfaction of the judgment rendered. It would be impossible to restore the status quo. The director general could not at this tim'e bring an action to review the judgment of this court, and consequently has lost that right, whatever it might be worth, which we, of course, could not say with any certainty. In the second place, at the time of the closing of the transaction, the delivery of the check and payment, and the signing and delivery of the receipts, the proof shows that the judgment of this court showing exactly what was decided was among the papers, and was subject to" inspection. And if the plaintiffs and their counsel did not inspect the papers that was no fault of the director general, and as the receipt given, including the entry of satisfaction on the judgment roll, was founded in a contractual settlement, in which valuable considerations passed between the parties, the settlement cannot now be set aside.
For-the reasons indicated the judgment of the court
Reversed and judgment here.
Reference
- Full Case Name
- Davis, Director General of Railroads v. McCullers
- Status
- Published