Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.
Mississippi Supreme Court
Town of Hazlehurst v. Cumberland Telephone & Telegraph Co., 83 Miss. 303 (Miss. 1903)
Oalhoon
Town of Hazlehurst v. Cumberland Telephone & Telegraph Co.
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.
Reference
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- Town of Hazlehurst v. Cumberland Telephone and Telegraph Company
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- Syllabus
- Pleadings. Causes of action. Misjoinder. Code 1892, § 671. General demurrer. A declaration which, in one of its counts states a cause of action distinctly ex contractu and in another a cause of action distinctly ex delicto is subject to a general demurrer. A misjoinder of causes of action is not warranted by Code 1892, § 671, abolishing forms of action.