Strickland v. Mississippi State Highway Commission
| Citation | 240 Miss. 7,123 So.2d 238 |
| Decision Date | 26 September 1960 |
| Docket Number | No. 41580,41580 |
| Parties | Ethel Pearson STRICKLAND and W. E. Strickland v. MISSISSIPPI STATE HIGHWAY COMMISSION. |
| Court | United States State Supreme Court of Mississippi |
Deavours & Hilbun, Laurel, George D. Maxey, Ellisville, for appellants.
Welch, Gibbes & Greaves, Boyd & Holifield, Laurel, for appellee.
It appears from the motion that in county court appellant was awarded a judgment for $10,000. On appeal to circuit court a new trial was ordered unless a remittitur of $2,500 was entered. Appellant refused to enter the remittitur and a new trial was ordered. Appellant perfected an appeal to this Court from the order granting a new trial.
Appellee says that under Section 1147, Code of 1942, an appeal does not lie because the order granting a new trial is not final. We so held in a number of cases, but those cases were decided before the enactment of Chapter 230, Laws of 1956 (Section 1536, Code of 1942), which provides:
(Emphasis added.)
The last sentence of the statute was added by the 1956 Act and authorizes an appeal from an order granting a new trial on the ground of excessiveness of the damages assessed. Gibson v. A. P. Lindsey, Distributor, Inc. et al., 233 Miss. 853, 103 So.2d 345, 104 So.2d 456.
Motion to dismiss appeal overruled.
To continue reading
Request your trial
-
Mississippi State Highway Commission v. Rogers, 41708
...Miss.1960, 124 So.2d 284; Mississippi State Highway Commission v. Stubbs, Miss.1960, 124 So.2d 281; Strickland v. Mississippi State Highway Commission, Miss.1960, 123 So.2d 238; Strickland v. Mississippi State Highway Commission, Miss.1960, 124 So.2d 696; Mississippi State Highway Commissio......
-
New Orleans & Northeastern R. Co. v. Fleming, 43169
...and just compensation for the taking of the right-of-way and damages to the remainder of their property. Strickland v. Miss. State Highway Commission, 240 Miss. 7, 123 So.2d 238, 124 So.2d The record contains an aerial photograph of the area here involved. It also contains photographs of ap......
-
Byrd v. Sinclair Oil & Refining Co., 45892
...that an appeal lies from an order granting a new trial on the ground that the damages awarded are excessive. Strickland v. Miss. State Hwy. Comm., 240 Miss. 7, 124 So.2d 696; on motion to dismiss appeal, 123 So.2d 238 Our Court has treated and considered the said section 1536 amended as com......
- Strickland v. Mississippi State Highway Commission, 41580