Legal Opinion

Hurt v. Southern Railroad

Mississippi Supreme Court

Decided April 15, 1866PublishedCited by 3 opinions

ERROR to the Circuit Court of Rankin county. Hon. Jobn Watts, judge. cited following authorities: 1 American. Railway Cases, i 26, 127,129, 109; 36 Miss. 660 ; Edward’s Bailments, 577, 580; Cbitty on Carriers, 390 (393), 337 (245); 23 Penn. R. 147, 150; 32 Penn. R. 295.

1Opinion of the Court

Habéis, J.,

delivered tbe opinion of tbe court.

Tbe original pleadings in tbis case are exceedingly objectionable. Instead of a “ declaration” concise in language and substantial in matter, stating tbe facts constituting each cause of action, in distinct counts, without formality, the plaintiff files, what be aptly denominates in tbe record, “ a bill of complaint,” of bis supposed several grievances, without regard to tbe object and end of pleading. On tbis confused and irregular statement, tbe defendant could not properly take issue. It is remarkable that tbe defendant’s demurrer to this…

2Cited by3 opinions

  1. Gabbert v. HackettWisconsin Supreme Court · 1908
  2. C. J. Peck Oil Co. v. Diamond, by BondCourt of Appeals for the Fifth Circuit · 1953
  3. Supreme Ruling of the Fraternal Mystic Circle v. TurnerMississippi Supreme Court · 1913

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