L. J. Alford Lumber Co. v. Ragland
This text of 63 So. 338 (L. J. Alford Lumber Co. v. Ragland) 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.
Opinion
delivered the opinion of the court.
The demurrer filed by appellee to the declaration in this case was sustained by the chancellor. The demurrer should not have been sustained. The causes assigned in [53]*53the demurrer related to only a part of the declaration. If a demurrer is not a defense to the whole declaration to which it is applied, it should be overruled. Board of Education v. Railroad Co., 71 Miss. 500, 14 South. 445; Cummings v. Daugherty, 73 Miss. 405, 18 South. 657; Washington v. Soria, 73 Miss. 665, 19 South. 485, 55 Am. St. Rep. 555.
Reversed and remanded.
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Cite This Page — Counsel Stack
63 So. 338, 106 Miss. 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-j-alford-lumber-co-v-ragland-miss-1913.