Courtney Bros. v. John Deere Plow Co.
Citations
- 122 Miss. 611
- 84 So. 690
Syllabus
<p>Costs. No statutory damages on reversal and entry of modified judgment or decree.</p> <p>Under section 4926, Code 1906, Hemingway’s Code, section 3202, which provides that: “In case the judgment or decree, of the court below be affirmed, . . . the supreme court shall render judgment against the appellant for damages, at the rate of five per centum and costs, as follows: If the judgment or decree affirmed be for a sum of money, the damages shall be upon such sum” — an appellee is not entitled to such damages, where the judgment or decree of the court below is reversed, and a modified decree is rendered by the supreme court.</p>
Judges: Smith
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