Scottish Union & National Ins. Co. v. Warren-Gee Lumber Co.

• Decision Date: 17 March 1913
• Docket Number: 14,747
• Citation: 104 Miss. 636,61 So. 310
• Parties: SCOTTISH UNION & NATIONAL INSURANCE CO. v. WARREN-GEE LUMBER COMPANY
• Court: Mississippi Supreme Court

61 So. 310

104 Miss. 636

SCOTTISH UNION & NATIONAL INSURANCE CO. v. WARREN-GEE LUMBER COMPANY

No. 14,747

Supreme Court of Mississippi

March 17, 1913

APPEAL from the chancery court of Forest county, HON. T. A. WOOD, Chancellor.

On motion to correct a judgment remanding the case and to enter a judgment of dismissal.

For former opinion see 60 So. 1010.

Dismissed.

Baskin & Wilburn and McLaurin, Armistead & Brien and E. J. Bowers, for appellant.

McWillie & Thompson, S.E. Travis, D. E. Sullivan and J. R. Talley, for appellee.

OPINION

COOK, J.

This case was reversed and remanded. 60 So. 1010. It is again before us upon motion of appellant to correct the former judgment remanding the case, and to enter judgment here dismissing the cause.

Section 4919 of the Revised Code of 1906 requires this court, in case a judgment or decree of the court below is reversed, to enter such judgment or decree as the lower court should have entered, "unless it be necessary in consequence of its decision, that some matter of fact be ascertained, or damages assessed by a jury, or where the matter to be determined is uncertain." It follows from our former decision that neither of the exceptions prescribed by the statute exist. There is nothing to be determined by the lower court. The action cannot be maintained in the court appealed from, or in any other court.

The motion is therefore sustained, and the cause dismissed.

Dismissed.