Transcontinental Gas Pipe Line Corp. v. Rogers, No. 47257
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | PATTERSON; GILLESPIE |
| Citation | 284 So.2d 304 |
| Parties | TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant-Appellant, v. Houston ROGERS and Jewell Rogers, Plaintiffs-Appellees. |
| Docket Number | No. 47257 |
| Decision Date | 22 October 1973 |
Page 304
v.
Houston ROGERS and Jewell Rogers, Plaintiffs-Appellees.
M. M. Roberts, S. Wayne Easterling, Hattiesburg, John K. Keyes, Collins, for defendant-appellant.
No brief filed on behalf of plaintiffs-appellees.
PATTERSON, Justice:
This case arises from a tort suit in the Circuit Court of Covington County. The
Page 305
defendant below appeals from a jury verdict for the plaintiffs in the sum of $1750. No brief responding to that of the appellant has been filed by the appellees though a certified true copy of the appellant's brief was sent to them on October 31, 1972.We have considered the brief and argument of the appellant, as well as the record, and we cannot with confidence affirm the case. In fact, it is our opinion that it is controlled by Lawler v. Moran, 245 Miss. 301, 148 So.2d 198 (1963), wherein we stated in quoting from Gulf, M. & O.R. Co. v. Webster County, 194 Miss. 660, 13 So.2d 644 (1943):
'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.' (245 Miss. at 302, 140 So.2d at 199).
See the more recent cases of Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes & Associates, Inc. v. Blue, 233 So.2d 127 (Miss.1970), and United States Fidelity & Guaranty Co. v. State, 204 So.2d 852 (Miss.1967), to the same effect.
The judgment of the lower court is reversed and remanded to the Circuit Court of Covington County for a trial upon the question of damages only. See Graves, Proof of Damages to Property in Tort Actions, 33 Miss.L.J. 151 (1962), and Southland Co. v. Aaron, 221 Miss. 59, 72 So.2d 161 (1954), relating to this issue.
Reversed and remanded.
GILLESPIE, C.J., and INZER, SUGG and WALKER, JJ., concur.
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NE v. LH, No. 1998-CA-01242-COA.
...below would be reversed." Green v. Green, 317 So.2d 392, 393 (Miss.1975) (citing Transcontinental Gas Pipe Line Corp. v. Rogers, 284 So.2d 304 (Miss.1973)). "Automatic reversal is not required where appellee fails to file a brief." Selman v. Selman, 722 So.2d 547, 551 (Miss.1......
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First Mobile Home Corp. v. Little, No. 47458
...Webster County, 194 Miss. 660, 13 So.2d 644 (1943)). 204 So.2d at 852-853. Accord, Transcontinental Gas Pipeline Corporation v. Rogers, 284 So.2d 304 (Miss.1973); Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes & Associates, Inc. v. Blue, 233 So.2d 127 The foregoing rule ......
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Reynolds v. Amerada Hess Corp., No. 1999-CA-00585-SCT.
...In the Ironworkers case, this Court ruled that the lower court was without jurisdiction and that the injunction was wrongfully issued. 284 So.2d at 304. The bond in that case was timely posted in accordance with the requirements of the trial court. Id. at 302. An issue arose on appeal as to......
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Smith v. Garrett, No. 47321
...of the appellant because of the failure to file a brief under the authority of Transcontinental Gas Pipe Line Corporation v. Rogers, 284 So.2d 304 (Miss.1973); Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes and Associates v. Blue, 233 So.2d 127 (Miss.1970); United States Fid......
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NE v. LH, No. 1998-CA-01242-COA.
...below would be reversed." Green v. Green, 317 So.2d 392, 393 (Miss.1975) (citing Transcontinental Gas Pipe Line Corp. v. Rogers, 284 So.2d 304 (Miss.1973)). "Automatic reversal is not required where appellee fails to file a brief." Selman v. Selman, 722 So.2d 547, 551 (Miss.1......
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First Mobile Home Corp. v. Little, No. 47458
...Webster County, 194 Miss. 660, 13 So.2d 644 (1943)). 204 So.2d at 852-853. Accord, Transcontinental Gas Pipeline Corporation v. Rogers, 284 So.2d 304 (Miss.1973); Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes & Associates, Inc. v. Blue, 233 So.2d 127 The foregoing rule ......
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Reynolds v. Amerada Hess Corp., No. 1999-CA-00585-SCT.
...In the Ironworkers case, this Court ruled that the lower court was without jurisdiction and that the injunction was wrongfully issued. 284 So.2d at 304. The bond in that case was timely posted in accordance with the requirements of the trial court. Id. at 302. An issue arose on appeal as to......
-
Smith v. Garrett, No. 47321
...of the appellant because of the failure to file a brief under the authority of Transcontinental Gas Pipe Line Corporation v. Rogers, 284 So.2d 304 (Miss.1973); Jackson v. Walker, 240 So.2d 606 (Miss.1970); Charles F. Hayes and Associates v. Blue, 233 So.2d 127 (Miss.1970); United States Fid......