Lawler v. Moran, No. 42416
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | McGEHEE |
| Citation | 245 Miss. 301,148 So.2d 198 |
| Parties | H. H. LAWLER and G. G. Gibbons v. Joseph W. MORAN. |
| Docket Number | No. 42416 |
| Decision Date | 07 January 1963 |
Page 198
v.
Joseph W. MORAN.
Page 199
William V. Murry, Hattiesbur, for appellants.
Edward Tremmel, Biloxi, for appellee.
[245 Miss. 302] McGEHEE, Chief Justice.
No brief has been filed by appellee in this case, nor has any reason for the failure to do so been assigned. Appellant filed a brief and certified that a true copy of the same had been delivered in due time to the attorney for appellee, postage prepaid to his usual place of abode.
After carefully examining the record, we are of the opinion that there was abundant proof that appellant, H. H. Lawler, was entitled to the immediate possession of the sailboat in question in this replevin suit. The motion of the appellant for judgment notwithstanding the verdict should have been sustained.
In the case of Gulf M. & O. R. Company v. Webster County, 194 Miss. 660, 13 So.2d 644, it is said:
'The failure to file this brief [by the appellee] is tantamount to a confession of error, and will be accepted as such, and the judgment of the court below will be reversed, since an answer to the appellant's brief cannot be safely made by us, without our doing that which the appellee, by its attorney, should have done, i. e., brief the appellee's side of the case. This we are not called on to do, therefore the case falls within, and is governed by, W. T. Raleigh Co. v. Armstrong, 165 Miss. 380, 140 So. 527.
* * *
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'Reversed and judgment here for the appellant.'
Reversed and judgment here for appellant.
KYLE, ETHRIDGE, GILLESPIE and RODGERS, JJ., concur.
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Wells v. State, 2012–KA–01781–SCT.
...side of the case. This we are not called on to do.” Id. (citing Stampley v. State, 284 So.2d 305 (Miss.1973) ; Lawler v. Moran, 245 Miss. 301, 148 So.2d 198 (1963) ; Gulf, M. & O.R. Co. v. Webster County, 194 Miss. 660, 13 So.2d 644 (1943) ). In this case, the State has specifically asked u......
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Wells v. State, 2012-KA-01781-SCT
...side of the case. This we are not called on to do." Id. (citing Stampley v. State, 284 So. 2d 305 (Miss. 1973); Lawler v. Moran, 245 Miss. 301, 148 So. 2d 198 (1963); Gulf M. &. O.R. Co. v. Webster County, 194 Miss. 660, 13 So. 2d 644 (1943)). In this case, the State has specifically asked ......
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Gates v. Green, 44999
...say that we can with entire confidence affirm the case. In fact, it is our opinion that this case is controlled by Lawler v. Moran, 245 Miss. 301, 302, 148 So.2d 198, 199 (1963), wherein we stated in quoting from Gulf M. & O. RR v. Webster County, 194 Miss. 660, 13 So.2d 644 'The failure to......
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Ingalls Shipbuilding Corp. v. Holcomb, 45105
...Corp. v. Byrd, 215 Miss. 234, 60 So.2d 645, and Webster Construction Co. v. Bates, 227 Miss. 207, 85 So.2d 795. 245 Miss. at 319-320, 148 So.2d at 198. The only definition of 'emergency' found by us in our Reports is in Bigham v. Lee County, 184 Miss. 138, 139, 185 So. 818 (1939), where thi......
-
Wells v. State, 2012–KA–01781–SCT.
...side of the case. This we are not called on to do.” Id. (citing Stampley v. State, 284 So.2d 305 (Miss.1973) ; Lawler v. Moran, 245 Miss. 301, 148 So.2d 198 (1963) ; Gulf, M. & O.R. Co. v. Webster County, 194 Miss. 660, 13 So.2d 644 (1943) ). In this case, the State has specifically asked u......
-
Wells v. State, 2012-KA-01781-SCT
...side of the case. This we are not called on to do." Id. (citing Stampley v. State, 284 So. 2d 305 (Miss. 1973); Lawler v. Moran, 245 Miss. 301, 148 So. 2d 198 (1963); Gulf M. &. O.R. Co. v. Webster County, 194 Miss. 660, 13 So. 2d 644 (1943)). In this case, the State has specifically asked ......
-
Gates v. Green, 44999
...say that we can with entire confidence affirm the case. In fact, it is our opinion that this case is controlled by Lawler v. Moran, 245 Miss. 301, 302, 148 So.2d 198, 199 (1963), wherein we stated in quoting from Gulf M. & O. RR v. Webster County, 194 Miss. 660, 13 So.2d 644 'The failure to......
-
Ingalls Shipbuilding Corp. v. Holcomb, 45105
...Corp. v. Byrd, 215 Miss. 234, 60 So.2d 645, and Webster Construction Co. v. Bates, 227 Miss. 207, 85 So.2d 795. 245 Miss. at 319-320, 148 So.2d at 198. The only definition of 'emergency' found by us in our Reports is in Bigham v. Lee County, 184 Miss. 138, 139, 185 So. 818 (1939), where thi......