Coker v. Brevard

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Mrs. Brevard, the appellee, was plaintiff in the court below; Coker, the appellant, and others were defendants there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Cited by 1 later decisions — most recently March 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-03-15

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Whiteield, C. J.,

¶1delivered the opinion of the court.

¶2We think the court, in the light of modern authorities in this state and elsewhere, erred in construing the $800 to have been fixed as liquidated damages, and not as a penalty. See Bright v. Rowland, 3 How. (Miss.), 398. So far as the defense of drunkenness is concerned, the jury have settled that;' and, there being evidence to support their finding, we would not be warranted in interfering with it.

¶3The judgment of the court beloiv is reversed, and the cause remanded.