Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.
Mississippi Supreme Court
Erom tbe circuit court of Copiab county. Hon. David M. Miller, Judge. Tbe town of Hazleburst, appellant, was plaintiff in tbe court below; tbe telephone company, appellee, was defendant there. Erom a judgment sustaining a general demurrer to tbe declaration and dismissing the suit, plaintiff appealed to tbe supreme court. Tbe demurrer assigned a misjoinder of causes of action, among other grounds, and when it was sustained the plaintiff declined to amend tbe declaration.
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Erom tbe circuit court of Copiab county. Hon. David M. Miller, Judge. Tbe town of Hazleburst, appellant, was plaintiff in tbe court below; tbe telephone company, appellee, was defendant there. Erom a judgment sustaining a general demurrer to tbe declaration and dismissing the suit, plaintiff appealed to tbe supreme court. Tbe demurrer assigned a misjoinder of causes of action, among other grounds, and when it was sustained the plaintiff declined to amend tbe declaration. It will be noted by tbe court that tbe declaration in this cause contains two counts, in one of which tbe defendants are…
1Opinion of the CourtOalhooN, J.
The first count of the declaration is on a cause of action distinctly ex contractu. The second is one distinctly ex delicto. Here is, therefore, a misjoinder of causes of action, and a general demurrer to the whole declaration was properly sustained. 1 Enc. of PL and Pr., 194, 195, 196, and notes; Ohitty’s PI. (16th ed.), *228. Our code does not change this. Since this of itself disposes of the case before us, we do not decide other questions raised.
Affirmed.
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