Cummings v. Daughety
Cases that cite this one
3 later published cases cite this decision.
- Boler v. Mosby (Miss. 1977)
- L. J. Alford Lumber Co. v. Ragland (Miss. 1913)
- Jacobs v. Postal Telegraph Cable Co. (Miss. 1898)
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
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.