In case the judgment, sentence or decree of the court below be reversed, the Supreme Court shall render such judgment, sentence or decree as the court below should have rendered, unless it be necessary, in consequence of its decision, that some matter of fact be ascertained, or damages be assessed by a jury, or where the matter to be determined is uncertain; in either of which cases the suit, action or prosecution shall be remanded for a final decision; and when so remanded shall be proceeded with in the court below according to the direction of the Supreme Court, or according to law in the absence of such directions.
Miss. Code Ann. § 11-3-7
Cases heard at return term; judgment
Applied in 3 court decisions — leading case CHRISTIAN METHODIST EPISCOPAL CH. v. S & S Const. Co., Inc. (1993)
Most recently applied in Coleman Powermate, Inc. v. Rheem Mfg. Co. (August 2004)
Codes, Hutchinson’s 1848, ch. 63, class 4, art. 1 (10); 1857, ch. 63, art. 11; 1871, § 413; 1880, § 1415; 1892, § 4353; 1906, § 4919; Hemingway’s 1917, § 3195; 1930, § 3378; 194…
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.