Coker v. Brevard

43 So. 177, 90 Miss. 64

Opinion

Whiteield, C. J.,

delivered the opinion of the court.

We 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.

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