L. J. Alford Lumber Co. v. Ragland
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] the 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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63 So. 338 (L. J. Alford Lumber Co. v. Ragland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.