Where the judgment appealed from is for property, real or personal, and damages, the supreme court, finding the judgment to be erroneous as to the damages only, may affirm it as to the property and reverse and remand it for a new trial as to the damages, and may adjudge the costs as may be proper.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 3 - Practice and Procedure in Supreme Court
§ 11-3-3. Appeals in some cases returnable at any time
§ 11-3-5. Appeal not to fail for certain irregularities
§ 11-3-7. Cases heard at return term; judgment
§ 11-3-9. No reversal or annulment for want of jurisdiction
§ 11-3-11. Voluntary dismissal of appeal
§ 11-3-15. Effect of dismissal
§ 11-3-21. Motion to discharge supersedeas in certain cases
§ 11-3-27. Judgment on bond for supersedeas
§ 11-3-31. Judgment certified to be enforced
§ 11-3-33. Bond may be excepted to
§ 11-3-35. Judgment not to be reversed for certain errors
§ 11-3-37. Appellant not entitled to reversal for error as to another
§ 11-3-39. Judgments affirmed in part and reversed in part
§ 11-3-41. Final judgment to be certified to court below; collection of court costs
§ 11-3-43. Copy of opinion certified to court below; costs in event of successful appeal