delivered the opinion of the court.

We think the demurrer to the original bill should have been overruled. See the cases cited ,in the brief of counsel. If this were not true, it is still true that the demurrer to the amended declaration should have been overruled. Ann. Code 1892, § 3776; Dodds v. Marx, 63 Miss., 445.

Reversed and remanded, with thirty days to appellee to ansiuer the bill after mandate filed below.