Tigner v. McGehee

Decided October 15, 1882

Mississippi Supreme Court · decided 1882-10-15

Motion in Supreme Court. The appellants in this case appealed, without supersedeas, from a decree of the Chancery Court ordering the sale of a tract of land to pay a certain indebtedness declared to be a charge thereupon.

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Decided 1882-10-15

How this case has been cited

Cited by 8 later decisions — most recently February 1999

8 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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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The appellee is entitled to judgment against the appellant for five per cent damages, by virtue of sect. 1422 of the Code of *2441880, which provides for damages in cases in which none were allowed by the former law. The right of the appellee to judgment for damages on affirmance is independent of whether or not the judgment or decree appealed from is stayed by supersedeas. Damages follow affirmance as a penalty for appealing from a proper judgment or decree.

¶3Motion denied.