Davis v. Wilkins

Citations

• 127 Miss. 490
• 90 So. 180

Syllabus

<p>Railroads. United States Director General liable for damages on affirmance of appeal; United States is not a favored litigant as to appeals.</p> <p>Where the director general of Railroads appeals from a judgment, and the judgment is affirmed, damages at the rate of five per cent. on such judgment appealed from will be rendered under section 4936, Code 1906 (section 3303, Hemingway’s Code). Such damages are liquidated damages in the nature of a condition of appeal, and not a penalty in the sense that term is used in Mo. Pac. R. R. Co. v. Ault, 355 U. S. —, 41 Sup. Ct. 593, 65 L. Ed. —. As to appeals, the United States is not a favored litigant, but stands upon the same plane as other parties.</p>