Avery v. Collins

Mississippi Supreme Court

Decided November 19, 1934

Mississippi Supreme Court · decided 1934-11-19

Relies on Aetna Life Ins. Co. v. Thomas · Anderson v. Franklin County School Board

Good law ✅— No negative treatment on recordhow we know

Decided 1934-11-19

How this case has been cited

Cited by 70 later decisions — most recently December 2012 · most notably Olguin v. Thygesen (1943), Coker v. Five-Two Taxi Service, Inc. (1951)

10 federal appellate · 57 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1

ON MOTION TO RETAX COSTS. On a former day the judgment appealed from was affirmed as to liability, but reversed and the cause remanded upon the issue of damages, and the costs of the appeal were taxed against the appellee (Miss.) 157 So. 695. Appellee now moves the court to retax the costs, *652 contending that appellee was successful upon the main issue before the court and should not be required to bear the entire costs of the appeal.

¶2The latest case in this court upon the subject of this motion is Ætna Life Ins. Co. v. Thomas, 166 Miss. 53, 62, 144 So. 50,146 So. 134, wherein the statutes and previous cases were reviewed at some length. Adhering to the reasoning applied in that case, the motion now before us must be overruled.

¶3Motion overruled.