Coker v. Brevard

Mississippi Supreme Court

Coker v. Brevard

43 So. 177, 90 Miss. 64

CourtMississippi Supreme Court

DecidedMarch 15, 1907

StatusPublished

Cited by1 cases

This text of 43 So. 177 (Coker v. Brevard) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coker v. Brevard, 43 So. 177, 90 Miss. 64 (Mich. 1907).

Pincite

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.

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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.

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Bluebook (online)

43 So. 177, 90 Miss. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-brevard-miss-1907.

Opinion

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