Yazoo & Mississippi Valley Railroad v. James

Citations

• 118 Miss. 724
• 80 So. 2

Syllabus

<p>1. Appeal and Error. Disposition. Motion. Suggestion of error.</p> <p>The question as to whether or not,a judgment in the supreme court should be amended so as to remand for trial only as to the amount of damages should be raised by suggestion of error and not by motion to correct the judgment.</p> <p>2. Same.</p> <p>Where while a suggestion of error by appellee is pending, he makes a motion that the judgment be corrected, so as to remand the case, solely as to the amount of damages sustained. In such case, the court will treat this motion as an amendment to' the suggestion of error and deal with it accordingly.</p> <p>3. Appeal and Error. Remand. Scope of trial.</p> <p>Under the facts as set out- in its opinion in this case, the court, on reversing the case, declined to remand it for trial only as to the amount of damages sustained.</p>