Section 11-3-39 - Judgments affirmed in part and reversed in part

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.Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (7); 1857, ch. 63, art. 13; 1871, § 415; 1880, § 1441; 1892, § 4379; 1906, § 4945; Hemingway's 1917, § 3221; 1930, § 3405;1942, § 1989.