In case the judgment, sentence or decree of the court below be reversed, the Supreme Court shall render such judgment, sentence or decree as the court below should have rendered, unless it be necessary, in consequence of its decision, that some matter of fact be ascertained, or damages be assessed by a jury, or where the matter to be determined is uncertain; in either of which cases the suit, action or prosecution shall be remanded for a final decision; and when so remanded shall be proceeded with in the court below according to the direction of the Supreme Court, or according to law in the absence of such directions.
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