Mississippi Supreme Court, 1893

Jacobs v. New York Life Insurance

Mississippi Supreme Court · Decided October 15, 1893 · Campbell

71 Miss. 656

Cases that cite this one

9 later published cases cite this decision.

McGill v. City of Laurel (Miss. 1965)
Moore v. Evans (Miss. 1910)
Farned v. Aetna Casualty & Surety Company (Miss. 1972)
Reese v. American National Ins. (5th Cir. 1949)
Sommerio v. Prudential Insurance Co. of America (Ill. App. Ct. 1937)
Excello Feed Milling Co. v. Warren County (Miss. 1930)
Metropolitan Casualty Ins. v. Shelby (Miss. 1917)
Norris v. Burnett (Miss. 1914)
Ross v. New York Life Insurance (N.C. 1899)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The motion will be denied. The order as entered on the minutes of the circuit court, sustaining the demurrer to the *658declaration, although not expressing that the action was thereby dismissed, was, in substance and effect, a judgment that the plaintiff take nothing, and that defendant go hence without day. 5 Am. & Eng. Enc. L., 562.

It is not the duty of the court to offer the plaintiff leave to amend when a demurrer is sustained to the declaration. If desired, it must be asked for, and, if leave to amend is not obtained during the term, the judgment is final and the case disposed of, so that costs may be taxed, and an appeal may be prosecuted from the judgment as final.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.