Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.
This text of 83 Miss. 303 (Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.) 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 first count of the declaration is on a cause of action distinctly ex contractu. The second is one distinctly ex delicto. Here is, therefore, a misjoinder of causes of action, and a general demurrer to the whole declaration was properly sustained. 1 Enc. of PL and Pr., 194, 195, 196, and notes; Ohitty’s PI. (16th ed.), *228. Our code does not change this. Since this of itself disposes of the case before us, we do not decide other questions raised.
Affirmed.
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83 Miss. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-hazlehurst-v-cumberland-telephone-telegraph-co-miss-1903.