Summary
stating that "[t]his Court therefore has no jurisdiction of an appeal sought to be presented directly from an order of the circuit court granting a new trial"
Summary of this case from Davis v. WaltersOpinion
No. 37557.
September 25, 1950.
1. Appeal — order granting new trial not a final order.
An order of the circuit court granting a new trial is not a final judgment and under the statute an appeal therefrom will not lie. Sec. 1147, Code 1942.
Headnote as approved by McGehee, C.J.
APPEAL from the circuit court of Lee County; RAYMOND T. JARVIS, Judge.
Noel Monaghan and Adams Long, for appellant.
Robert B. Smith, and W.P. Mitchell, for appellee.
No appeal will lie from the circuit court to the Supreme Court on an order granting a new trial, inasmuch as same is not a final judgment. Sec. 1147 Code 1942; State, ex rel. Brown v. Poplarville Sawmill Co., 119 Miss. 432, 81 So. 124; Jones v. Cushin, 133 Miss. 585, 98 So. 98; Terry v. Robins, et al., 5 S. M. (13 Miss.) 291; Moody v. State, 13 S. M. (21 Miss.) 642; Yazoo Mississippi Valley Railroad Co. v. Henry F. Reid, 90 Miss. 616, 43 So. 952; State, ex rel. Rice v. Large, 171 Miss. 330, 157 So. 694; Craig, State Tax Collector v. Barber Brothers Contracting Co., et al., 190 Miss. 182, 199 So. 270; Roach, et al. v. Blackereek Drainage District, et al., 206 Miss. 794, 41 So.2d 5.
This was a suit for personal injuries alleged to have been sustained in a collision of motor vehicles on the public highway. The case was tried in the circuit court, and, pursuant to a jury verdict, the plaintiff was awarded damages in the sum of $100. The motion of the plaintiff for a new trial, on the ground that the verdict was grossly inadequate, was sustained. The defendant then filed an appeal here.
Appellee raises the point that an order granting a new trial in the circuit court is not a final order as required by Section 1147, Code of 1942, and hence is not appealable.
In 1907, in the case of Yazoo M.V.R. Co. v. Reid, 90 Miss. 616, 43 So. 952, this Court held that (Hn 1) an order of the circuit court granting a new trial is not a final judgment, and the appeal from such an order was dismissed. This decision was predicated upon the terms of Section 33, Code of 1906, which used the identical words of our present statute. See also State ex rel. Rice, Atty. Gen., v. Large, 171 Miss. 330, 157 So. 694.
This Court therefore has no jurisdiction of an appeal sought to be presented directly from an order of the circuit court granting a new trial.
This necessarily pretermits decision on the point raised by appellant that the order for the new trial should not have restricted it to the question of damages only.
Appeal dismissed.
The above opinion is adopted as the opinion of the Court, and for the reasons therein indicated the appeal is dismissed.