In all cases in which the Supreme Court shall reverse the judgment or decree of the court below, and remand the cause to be proceeded within such court, or remand a cause for further proceedings, the Clerk of the Supreme Court shall prepare and certify a copy of the opinion of the Supreme Court in the case, and send it, with the mandate of the judgment or decree rendered in the cause by the Supreme Court, to the clerk of the court from which the cause was brought, or to which it may be remanded. The copy of the opinion furnished shall be preserved by the clerk to whom it is delivered, for the use of the court and parties in the case.
But in all cases wherein the appellant has paid the costs of his appeal and is the successful litigant and the action is reversed and remanded for further proceedings, with costs taxed against the appellee, the action shall not proceed further before the trial court, on application of the appellee, until the appellee has paid to the clerk of the trial court, for the benefit of the appellant, the costs so paid by the appellant in perfecting his successful appeal. Should the appellee fail to make such a refund of costs to the trial court within two (2) years next after the date of the judgment of reversal and remand by the Supreme Court, the appellee, his heirs or assigns, shall not thereafter be entitled to proceed further at his own instance and the appellee's right of action, as well as his remedy, shall be forever barred and extinguished.
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