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Kelly v. Brown

James G. Kelly v. A. S. Brown

Kelly v. Brown, 32 Miss. 202 (1856)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
October 15, 1856
Judges
Fisher
Citations
32 Miss. 202
Headnotes
High court : practice. — Verdicts which are responsive to the issue, and are erroneous only, as to the amount of damages, will not be revised by this court, unless there be a motion for a new trial in the court below overruled, and a bill of exceptions taken embodying the evidence.
Summary
IN error from tbe Circuit Court of Yalobusha county. Hon. W. L. Harris, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fisher

Text extracted by OCR from a scanned original; check the original for exact wording.

Fisher, J.,

delivered the opinion of the court.

It is insisted, that the jury in the court below committed an error in the calculation of the interest, by allowing the plaintiff eight per cent, per annum, instead of five per cent, per annum, under the laws of Louisiana, where the bill upon which the suit was founded was payable.

This court can only notice an error in the verdict, when a motion was made in the court below to correct it, and the motion overruled, and a bill of exceptions, embodying the evidence, taken at that time. Such is the rule in regard to all verdicts which respond to the issue, and which are merely erroneous as to the amount of damages.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. St. Louis & S. F. Ry. Co. v. Bridges125 So. 423 (Miss. 1930)

Most recent

  1. St. Louis & S. F. Ry. Co. v. Bridges125 So. 423 (Miss. 1930)

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