Douglass v. Temple

The general and special demurrers to the bill were overruled by the court and properly so, and an appeal was allowed to settle all the controlling principles of law. An examination of the record discloses a situation in respect to which “justice will probably be promoted by a determination of the ultimate rights of the parties only on answer and proof” and wherein the “court ought to exercise a fair judicial discretion to that end, although it may be that in technical point, the grounds of the demurrer are sustainable in strict law.” Federal Land Bank v. Fidelity, etc., Co., 165 Miss. 715,…