U.S. Fidelity & Guaranty Co. v. State for Use and Benefit of Tompkins
| Decision Date | 11 December 1967 |
| Docket Number | No. 44642,44642 |
| Court | Mississippi Supreme Court |
| 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. |
W. S. Murphy, Lucedale, for appellant.
No brief filed on behalf of appellee.
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):
For the above reason the judgment of the lower court is reversed without prejudice and the case remanded.
Reversed and remanded.
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