Carothers v. Bank of Baldwyn

' This appeal was granted by the chancellor from an order sustaining* a demurrer to settle the principles of a case.

We think the appeal was improvidently granted. The bill was only defective in amendable particulars, and the principles governing the cause are well settled. Under the present statute, chapter 151, Laws of 1924, section 14, Code of 1930, appeal is only granted when the appeal will settle all the controlling principles involved in the cause. Whenever a bill states a case imperfectly, which may be cured by amendment, the chancellor should require the pleader, when the demurrer is…