Stuckey v. Murphy

This appeal is from a decree of the circuit court overruling the complainant's demurrers to the defendant's statutory cross-bill.

The only question argued is that presented by the second assignment of error, "The lower court erred in taking a submission on the demurrers under rule H as amended." This same question was presented to this court in Spear et al. v. Virginia-Carolina Chemical Corp., 136 So. 805,1 and it was there held that said rule H, adopted by the circuit court, allowing submissions for decree on demurrer without notice, was inconsistent with rule 74 of Chancery Practice, and…