In all cases, civil and criminal, a judgment or decree appealed from may be affirmed as to some of the appellants and be reversed as to others; and one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case. And when a judgment or decree shall be affirmed as to some of the appellants and be reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if the separate suits had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly. Costs may be adjudged in such cases as the supreme court shall deem proper.
Codes 1880, § 1440; 1892, § 4378; 1906, § 4944; Hemingway's 1917, § 3220; 1930, § 3404; 1942, § 1988.
Notes of Decisions
Mauck v. Columbus Hotel Co., 741 So. 2d 259 (Miss. 1999).
· cites it 5× “In support of this contention they cite Miss.Code Ann. § 11-3-37 (1991), which reads as follows: *264 § 11-3-37.”
Mariner Health Care v. Est. of Edwards, 964 So. 2d 1138 (Miss. 2007).
· cites it 2× “However, under Mississippi Code Annotated Section 11-3-37 (Rev.2002), "one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case.”
Capital Transp. Co. v. Mcduff, 319 So. 2d 658 (Miss. 1975).
· cites it 4× “While Mississippi may, in a sense, be said to be in the minority on this question, this state has a statute, Mississippi Code Annotated section 11-3-37 (1972) which places the appellant here in a different posture from that which he would occupy in other states having no such…”
Meena v. Wilburn, 603 So. 2d 866 (Miss. 1992).
“§ 11-3-37 (1972)). 3. In sum, under authority of this Court's holdings in Golden Flake and Capital Transport, Meena's contention that the *873 jury improperly returned a verdict against him but not his nurse is rejected.”
Harris v. Harris, 879 So. 2d 457 (Miss. Ct. App. 2004).
“§ 11-3-37 (Rev. 2002). III. WHETHER THE CHANCELLOR ERRED IN NOT TERMINATING WINSTON'S ALIMONY OBLIGATION TO JANNA.”
Mariner Health Care, Inc. v. Nevonnia Turner (Miss. 2004).
· cites it 2× “However, under Mississippi Code Annotated Section 11-3-37 (Rev. 2002), “one of several appellants shall not be entitled to a judgment of reversal because of an error in the judgment or decree against another, not affecting his rights in the case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.