Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.
Cases that cite this one
5 later published cases cite this decision.
- Stringer v. Consumers Credit Corp. (Miss. 1958)
- Gulf M. N.R. Co. v. Madden (Miss. 1941)
- Hall v. Stokely (Miss. 1930)
- Aven v. Singleton (Miss. 1923)
- Home Insurance v. Tate Mercantile Co. (Miss. 1918)
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 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.