Hall v. Stokely

Appellant’s original declaration was challenged by a demurrer on the ground that it joined in one count two essentiallv inconsistent causes of action — the case falling squarely within Railroad Co. v. Abrams, 84 Miss. 456, 36 So. 542. The demurrer was sustained, and under leave to amend appellant filed iiis amended declaration in two counts, one of the counts being of a cause of action ex delicto and the other of a distinct cause ex contractu, this falling within Hazlehurst v. Cumberland Co., 83 Miss. 303, 35 So. 951. A demurrer to this amended declaration having been interposed and…