Mitchell v. Evans

Snydek, Judge :

Appeal from a decree of the Circuit Court of Lewis county, entered March 2, 1886, in the suit of Joseph Mitchell and others against Joseph Evans, the appellant. The said decree constitutes the entire record brought before this Court, and the only error assigned is, that the court erred in rendering a final decree upon overruling the demurrer of the defendant to the bill without a rule on him to answer.

There can be no question, that, according to the terms of the statute and the decisions of this Court, when a demurrer to a bill is overruled it is error to enter a decree on the…