Mississippi Supreme Court, 1895

Cummings v. Daughety

Cummings v. Daughety
Mississippi Supreme Court · Decided October 15, 1895 · Cooper
73 Miss. 405
Cummings v. Daughety

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Cooper, C. J.,

delivered the opinion of the court.

The demurrer was to the whole, but some of the causes assigned related to only a part of the declaration. The court overruled it, except as to the grounds going only to a part of the declaration, as to which it was sustained. A demurrer is an entire thing, and must be overruled or sustained, and if it is not a full defense to the whole declaration or count to which it is applied, it should be overruled. Chitty on Pleadings, 66é.

As a demurrer to the whole declaration it is bad, for on the facts stated the plaintiff was entitled to some recovery.

The judgment is reversed and cause remanded.

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