Cummings v. Daughety

73 Miss. 405

Opinion

Cooper, C. J.,

delivered the opinion of the court.

The demurrer was to the whole, but some of the causes assigned related to only a part of the declaration. The court overruled it, except as to the grounds going only to a part of the declaration, as to which it was sustained. A demurrer is an entire thing, and must be overruled or sustained, and if it is not a full defense to the whole declaration or count to which it is applied, it should be overruled. Chitty on Pleadings, 66é.

As a demurrer to the whole declaration it is bad, for on the facts stated the plaintiff was entitled to some recovery.

The judgment is reversed and cause remanded.