Hall v. Meridian Light & Ry. Co.
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckly, Judge. Suit by Gr. J. Hall and wife against the Meridian Light & Railway Company. On the death of one of the plaintiffs, his executor, W. M. Hall, was substituted. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. This is an appeal from a judgment of the lower court sustaining a demurrer to the declaration filed by the appellant, which is as follows: Declaration. Plaintiff Gr.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckly, Judge. Suit by Gr. J. Hall and wife against the Meridian Light & Railway Company. On the death of one of the plaintiffs, his executor, W. M. Hall, was substituted. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. This is an appeal from a judgment of the lower court sustaining a demurrer to the declaration filed by the appellant, which is as follows: Declaration. Plaintiff Gr. Q. Hall, joined by his wife, Mrs. Kate Hall, complains of the Meridian Light & Railway Company, a corporation under the…
1DissentStevens, J.
The sole question presented is whether the declaration sufficiently states a cause of action j whether it claims damages that the law recognizes and allows. The declaration is rather unique. The tongue, of the pleader in dictating the document seems to have been unbridled and the pleading as a whole presents a general written assault on the defendant, the defendant’s counsel, and the federal court which took jurisdiction of a prior injunction suit involving this same controversy. . As well stated in the majority opinion, the declaration “contains a great deal of irrelevant matter,” and the…
2Cases cited7 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1915
- B'ham Ry. L. & P. Co. v. SmyerSupreme Court of Alabama · 1913
- Dean v. Southern Ry. Co. in MississippiMississippi Supreme Court · 1916
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