U.S. Fidelity & Guaranty Co. v. State for Use and Benefit of Tompkins, No. 44642
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | PATTERSON |
| Citation | 204 So.2d 852 |
| Parties | UNITED STATES FIDELITY & GUARANTY COMPANY, W. D. Bearry and James H. Smith v. STATE of Mississippi for the Use and Benefit of E. W. TOMPKINS. |
| Decision Date | 11 December 1967 |
| Docket Number | No. 44642 |
Page 852
James H. Smith
v.
STATE of Mississippi for the Use and Benefit of E. W. TOMPKINS.
W. S. Murphy, Lucedale, for appellant.
No brief filed on behalf of appellee.
PATTERSON, Justice.
This appeal arises from a tort action in the Circuit Court of George County. The defendants below appeal from a jury verdict for the plaintiff in the sum of $10,000. No brief or other matter relating to the cause has been filed by the appellee in this case though apellant filed a brief and certified that a true copy of the same was mailed, postage prepaid, United States mail, to the attorneys for the plaintiff on the 7th day of May, 1967.
We have carefully considered the brief of the appellant, as well as the record, and we cannot 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 (1943):
'The failure to file this brief (by the appellee) is tantamount to a confession of error, and will be accepted as such, and
Page 853
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.'For the above reason the judgment of the lower court is reversed without prejudice and the case remanded.
Reversed and remanded.
GILLESPIE, P.J., and RODGERS, BRADY and SMITH, JJ., concur.
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First Mobile Home Corp. v. Little, No. 47458
...Wood on May 5, 1973, but she did not file a brief in this Court. In the case of United States, Fidelity & Guaranty Company v. State, 204 So.2d 852 (Miss.1967), the same situation existed. The Court said as "The failure to file this brief (by the appellee) is tantamount to a confess......
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Gates v. Green, No. 44999
...issue should be and is controlled Page 832 by U.S.F. & G. Co., et al. v. State of Mississippi for Use and Benefit of E. W. Tompkins, 204 So.2d 852, 853 (Miss.1967), wherein we We have carefully considered the brief of the appellant, as well as the record, and we cannot say that we can w......
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Transcontinental Gas Pipe Line Corp. v. Rogers, No. 47257
...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 The judgment of the lower court is reversed and remanded to the Circuit Court of Covington County for a trial upon the q......
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Smith v. Garrett, No. 47321
...606 (Miss.1970); Charles F. Hayes and Associates v. Blue, 233 So.2d 127 (Miss.1970); United States Fidelity and Guaranty Co. v. State, 204 So.2d 852 But we think it would be helpful to the bench and bar of the State to consider this case on its merits and to determine what the Legislature m......
-
First Mobile Home Corp. v. Little, No. 47458
...Wood on May 5, 1973, but she did not file a brief in this Court. In the case of United States, Fidelity & Guaranty Company v. State, 204 So.2d 852 (Miss.1967), the same situation existed. The Court said as "The failure to file this brief (by the appellee) is tantamount to a confess......
-
Gates v. Green, No. 44999
...issue should be and is controlled Page 832 by U.S.F. & G. Co., et al. v. State of Mississippi for Use and Benefit of E. W. Tompkins, 204 So.2d 852, 853 (Miss.1967), wherein we We have carefully considered the brief of the appellant, as well as the record, and we cannot say that we can w......
-
Transcontinental Gas Pipe Line Corp. v. Rogers, No. 47257
...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 The judgment of the lower court is reversed and remanded to the Circuit Court of Covington County for a trial upon the q......
-
Smith v. Garrett, No. 47321
...606 (Miss.1970); Charles F. Hayes and Associates v. Blue, 233 So.2d 127 (Miss.1970); United States Fidelity and Guaranty Co. v. State, 204 So.2d 852 But we think it would be helpful to the bench and bar of the State to consider this case on its merits and to determine what the Legislature m......