Canton Cotton Warehouse Co. v. Potts
Mississippi Supreme Court
FROM the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Appellant, defendant in the court below, demurred to the bill of appellee, assigning several grounds of demurrer.
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FROM the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Appellant, defendant in the court below, demurred to the bill of appellee, assigning several grounds of demurrer. The decree thereon recites that “ the court sustained the fourth ground alleged and gave time to complainant to amend her bill as to that ground, and overruled the demurrer as to all other grounds alleged in said demurrer, and leave to defendant to answer is granted within sixty days of this time; and thereupon the defendant in open court asked for an appeal to the next term of the supreme court.” The appeal…
1Opinion of the CourtCampbell, J.
As we interpret the decree of the chancellor he sustained the demurrer on the 4th cause or ground assigned and gave leave to the complainant to amend his bill, and allowed time, how much is not stated, and then proceeded to overrule the demurrer as to all other grounds, with leave to answer. This presents the singular spectacle of a demurrer sustained and overruled both at the same time and by the same decree, which is a new sort of practice to us. A demurrer, however numerous the causes or grounds specially set forth in it, is an entire thing — a whole, and is to be sustained or overruled.…
2Cases cited1 opinion
- Davis v. DavisMississippi Supreme Court · 1885
3Cited by5 opinions
- Washington v. SoriaMississippi Supreme Court · 1896
- Ratté v. ForandMassachusetts Supreme Judicial Court · 1938
- Holland v. KennedyMississippi Supreme Court · 1989
- Boler v. MosbyMississippi Supreme Court · 1977
- Neill v. WellsMississippi Supreme Court · 1933