STEPHENS v. MOORE

No. 38421.

215 Miss. 3 (1952)

60 So.2d 391

1 Adv. S. 2

STEPHENS, et al. v. MOORE, et al.

Supreme Court of Mississippi.

September 22, 1952.


Attorney(s) appearing for the Case

Satterfield, Ewing, Williams & Shell, for motion.

Sanford & Alford, contra.


ROBERDS, P.J.

Appellants move the Court to strike from the judgment entered in this Court on this appeal the provision therein reading: "That said appellants and said surety on the supersedeas bond are adjudged liable for statutory damages at the rate of 5 per centum as to each appellee."

The lower court adjudged liability but did not render a money judgment. Under the circumstances this penalty should not have been imposed here. Mills, et al. v. Jones' Estate...

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