Jacobs v. New York Life Insurance
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Motion in supreme court. Action in the court below by Regina M. Jacobs against the New York Life Insurance Company. A demurrer to the declaration was sustained, the order of the court thereon being as follows: “ This cause coming on for hearing on demurrer of defendant to plaintiff’s declaration and the court having heard and considered the same, here, now sustains said demurrer.”
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From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. Motion in supreme court. Action in the court below by Regina M. Jacobs against the New York Life Insurance Company. A demurrer to the declaration was sustained, the order of the court thereon being as follows: “ This cause coming on for hearing on demurrer of defendant to plaintiff’s declaration and the court having heard and considered the same, here, now sustains said demurrer.” There was no order in terms dismissing the suit. From this judgment plaintiff appealed. The case having been docketed and the transcript filed,…
1Opinion of the CourtCampbell, C. J.
The motion will be denied. The order as entered on the minutes of the circuit court, sustaining the demurrer to the *658declaration, although not expressing that the action was thereby dismissed, was, in substance and effect, a judgment that the plaintiff take nothing, and that defendant go hence without day. 5 Am. & Eng. Enc. L., 562.
It is not the duty of the court to offer the plaintiff leave to amend when a demurrer is sustained to the declaration. If desired, it must be asked for, and, if leave to amend is not obtained during the term, the judgment is final and the case disposed of, so that…
2Cited by11 opinions
- Sommerio v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1937
- Metropolitan Casualty Ins. v. ShelbyMississippi Supreme Court · 1917
- Ross v. New York Life InsuranceSupreme Court of North Carolina · 1899
- Farned v. Aetna Casualty & Surety CompanyMississippi Supreme Court · 1972
- Moore v. EvansMississippi Supreme Court · 1910
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