Sudberry v. Meridian Fertilizer Factory

Citations

• 106 Miss. 744
• 64 So. 723

Syllabus

<p>1. Death. Former recovery. Gonolusiveness. Judgment 6y agreement. Laws 1908, chapter 167.</p> <p>Under Laws 1908, chapter 167 providing that the determination of a suit for the death of a person shall not bar another action, unless it was decided on its own merits, in order to conclude all the parties in interest there must be a decision, a judicial determination of the case on its merits, not merely on agreed judgment by one of the parties in interest for a fixed sum totally insufficient to pay for the killing.</p> <p>2. Same.</p> <p>Where the defendant is liable and the amount of the agreed judgment is totally inadequate, it raises a suspicion, or at least an inference that the merits of the controversy formed no part of the decision of the court.</p>