[DOWNLOAD] "Doss v. State" by In the Supreme Court of Mississippi * eBook PDF Kindle ePub Free

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eBook details

• Title: Doss v. State
• Author : In the Supreme Court of Mississippi
• Release Date : January 15, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Workmens Compensation — Appeal to District Court — Final Judgment for Claimant — Satisfaction of Judgment — Subsequent Appeal — Dismissal on Motion — Tender With Conditions — Acceptance as Made — Payment. Workmens Compensation — Appeal to District Court — Final Judgment — Satisfaction by Payment to Clerk of Court Acting as Agent for Employer Prior to Appeal to Supreme Court — Dismissal of Appeal. 1. The final determination by the district court of the rights of the parties to a controversy arising between employer and employee with relation to an award made under the Workmens Compensation Act is a judgment; hence where the court rendered its "judgment and order" awarding to the compensation claimant a sum of money covering the total of fifty-six weeks compensation, that period having then expired, less payments already made, the result was a judgment, which was fully satisfied when the attorney of claimant accepted the amount of the award tendered by the clerk of court, acting as the agent of the employer, prior to appeal to supreme court, and therefore the attempted appeal will be dismissed. Tender — Objections — When Waived. 2. An objection to a tender on the ground of insufficiency of the amount, or that interest is not included, is waived unless made at the time of the tender. Same — Tender of Payment of Judgment — Acceptance With Condition Attached Ends Proceeding — Dismissal of Subsequent Appeal. 3. Where a judgment debtor offers to pay the judgment on condition that the payment be accepted in full satisfaction thereof, and the attorney of the judgment creditor accepts the condition as well as the money, instead of rejecting the offer in its entirety, his act is inconsistent with the right of appeal, since when a judgment is paid it passes beyond review; its satisfaction ends the proceeding, and where appeal is thereafter taken it will be dismissed on motion of respondent.

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