In all cases, civil and criminal, a judgment or decree appealed from may be affirmed as to some of the appellants and be reversed as to others; and one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case. And when a judgment or decree shall be affirmed as to some of the appellants and be reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if the separate suits had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly. Costs may be adjudged in such cases as the supreme court shall deem proper.
Miss. Code Ann. § 11-3-37
Appellant not entitled to reversal for error as to another
Applied in 1 court decision — leading case 741 So. 2d 259 - Mauck v. Columbus Hotel Co. (1999)
Most recently applied in 741 So. 2d 259 - Mauck v. Columbus Hotel Co. (August 1999)
Codes 1880, § 1440; 1892, § 4378; 1906, § 4944; Hemingway’s 1917, § 3220; 1930, § 3404; 1942, § 1988.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.