All words which, from their usual construction and common acceptation, are considered as insults, and calculated to lead to a breach of the peace, shall be actionable; and a plea, exception or demurrer shall not be sustained to preclude a jury from passing thereon, who are the sole judges of the damages sustained; but this shall not deprive the courts of the power to grant new trials, as in other cases.
Miss. Code Ann. § 95-1-1
Certain words actionable
Applied in 4 court decisions — leading case 787 So. 2d 626 - Speed v. Scott (2001)
Most recently applied in 821 So. 2d 827 - Clark v. Luvel Dairy Products, Inc. (September 2001)
Codes, Hutchinson’s 1848, ch. 56, art. 3; 1857, ch. 54, art. 1; 1871, § 1973; 1880, § 1004; 1892, § 10; 1906, § 10; Hemingway’s 1917, § 1; 1930, § 11; 1942, § 1059.
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.