Day v. Tucker

Mississippi Supreme Court

Day v. Tucker

48 So. 742, 94 Miss. 222

CourtMississippi Supreme Court

DecidedOctober 15, 1908

StatusPublished

Cited by1 cases

This text of 48 So. 742 (Day v. Tucker) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Day v. Tucker, 48 So. 742, 94 Miss. 222 (Mich. 1908).

Pincite

Opinion

Mayes, J.,

delivered the opinion of the court.

- The bill states a perfect cause of action, and the demurrer thereto was properly overruled. The mistake made by the chancellor was in allowing the appeal. As held in the case of Fire Ins. Co. v. Morrison, 48 South. 178, and appeal from a decree overruling a demurrer is not a matter of right, but is dis[225]*225cretionary with the chancellor. To allow an appeal in this case was an abuse of discretion, since it is manifest that it could serve no purpose except to delay the cause.

Affirmed, and remanded.

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Mayes, J.,

delivered the opinion of the court.

- The bill states a perfect cause of action, and the demurrer thereto was properly overruled. The mistake made by the chancellor was in allowing the appeal. As held in the case of Fire Ins. Co. v. Morrison, 48 South. 178, and appeal from a decree overruling a demurrer is not a matter of right, but is dis[225]*225cretionary with the chancellor. To allow an appeal in this case was an abuse of discretion, since it is manifest that it could serve no purpose except to delay the cause.

Affirmed, and remanded.

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Bluebook (online)

48 So. 742, 94 Miss. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-tucker-miss-1908.

Opinion

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