L. J. Alford Lumber Co. v. Ragland
Mississippi Supreme Court
Appeal from the circuit court of Newton county. HoN. C. L. Dobbs, Judge. Suit by L. J. Alford Lumber Company against D. L. Bagland. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Newton county. HoN. C. L. Dobbs, Judge. Suit by L. J. Alford Lumber Company against D. L. Bagland. From a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court. Since the demurrer did not go the entire declaration, it should .have been overruled; the appellee required to plead to the declaration; the appellant to file his replication ; and thus have gotten the case to trial on the merits. “If the declaration is good as to part of what is demanded, a demurrer to the whole declaration should…
1Opinion of the CourtReed, J.
The demurrer filed by appellee to the declaration in this case was sustained by the chancellor. The demurrer should not have been sustained. The causes assigned in *53the demurrer related to only a part of the declaration. If a demurrer is not a defense to the whole declaration to which it is applied, it should be overruled. Board of Education v. Railroad Co., 71 Miss. 500, 14 South. 445; Cummings v. Daugherty, 73 Miss. 405, 18 South. 657; Washington v. Soria, 73 Miss. 665, 19 South. 485, 55 Am. St. Rep. 555.
Reversed and remanded.
2Cases cited3 opinions
- Washington v. SoriaMississippi Supreme Court · 1896
- Cummings v. DaughetyMississippi Supreme Court · 1895
- State Board of Education v. Mobile & Ohio RailroadMississippi Supreme Court · 1893
3Cited by14 opinions
- Williams v. StateMississippi Supreme Court · 1991
- Koch v. StateMississippi Supreme Court · 1987
- Hambrick v. StateSupreme Court of Florida · 1920
- Middleton v. EversMississippi Supreme Court · 1987
- Tatum v. StateMississippi Supreme Court · 1926
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