Yazoo & M. V. R. v. Scott

Citations

• 108 Miss. 871
• 67 So. 491

Syllabus

<p>1. Common Law. What constitutes. Appeal and error. Partial reversal. Issue of damages. New trial. Conditions on granting. Terms. Condition. Statutory authority. Repeal by statute. Constitutional law. Due process.</p> <p>The common law consists of those principles and rules of action which have been from time to time adopted and acted upon by the courts when administering justice in cases not governed by any written law, arising out of the private disputes of individuals.</p> <p>2. Appeal and Error. partial reversal. Issue on damages.</p> <p>At common law in a civil action, the supreme court on appeal has the power to award a new trial on the issue of damages alone.</p> <p>3. New Trial. Conditions on granting. Terms. Condition.</p> <p>Under Hutchinson’s Code, chapter 61, section 73, providing that every new trial granted at law shall be on such “terms and conditions” as the court shall direct and under Code 1906, section 800, providing that every new trial granted shall be on such “terms” as the court shall direct. The words “terms and conditions” are synonymous; terms meaning propositions, limitatations, or provisions stated or offered, and a “condition” is that which limits or modifies the existence or character of something; a restriction or qualification.</p> <p>4. Appeal and Error. Partial reversal. Issue of damages. Statutory authority.</p> <p>Under Code 1906, section 800, which relates to the circuit courts, but is made applicable to the supreme court by sections 4909 and 4919, it is provided that every new trial granted shall be on such terms as the court shall direct and under section 4919 which empowers the supreme court to render judgment such as the trial court should have rendered, unless necessary that damages be assessed by a jury, and that on remand the trial court shall proceed according to directions of the supreme court, the supreme court has power to award a new trial on the issue of damages only.</p> <p>3. Common Law. Repeal hy statute.</p> <p