Jones v. Ducktown Sulphur, Copper & Iron Co.

Thése two cases are before the court on declaration and demurrer. The declaration and demurrer in each are substantially the same, with the exception of the names of the plaintiffs, and with the further exception of an additional ground of demurrer assigned to the second declaration, which will be presently noted. The cases, though distinct in fact, were, because they *378involve substantially tbe same questions, argued in this court as one case, and they will therefore be disposed of in one opinion.

The first count of the declaration in the first case alleges that the Ducktown, etc., Company and…