Pine Lumber Co. v. Covington County
Mississippi Supreme Court
Prom the circuit court of Covington county. Hon. John it. Enochs, Judge. Covington county, the appellee, was plaintiff in the court below; the lumber company, the appellant, was defendant there. The defendant undertook to appeal from the judgment' of the court below overruling its demurrer to plaintiff’s declaration.-
1Opinion of the CourtTruly, J.
This is an appeal attempted to be taken from a judgment of a circuit court overruling a demurrer to a declaration. The appeal does not lie. Code 1892, § 697, provides that “if the demurrer of the defendant to a declaration be overruled, the court shall give judgment for the plaintiff” unless the defendant make oath that he has a good and substantial defense, in which event the case proceeds to final judgment upon the plea of the defendant.
Tine appeal is dismissed.
2Cited by2 opinions
- Roach v. Black Creek Drainage DistrictMississippi Supreme Court · 1949
- State Ex Rel. Rice v. LargeMississippi Supreme Court · 1934