Day v. Tucker

Mississippi Supreme Court October 15, 1908

Day v. Tucker, 94 Miss. 222 (Miss. 1908)

48 So. 742

Mayes

Opinion of the Court

Mayes, J.,

delivered the opinion of the court.

- The bill states a perfect cause of action, and the demurrer thereto was properly overruled. The mistake made by the chancellor was in allowing the appeal. As held in the case of Fire Ins. Co. v. Morrison, 48 South. 178, and appeal from a decree overruling a demurrer is not a matter of right, but is dis*225cretionary with the chancellor. To allow an appeal in this case was an abuse of discretion, since it is manifest that it could serve no purpose except to delay the cause.

Affirmed, and remanded.

Reference

Full Case Name: Robert N. Day v. Viola Tucker
Cited By: 1 case
Status: Published
Syllabus: 1. Tax Sales. Infants. Redemption. Suit in chancery. An infant, whose land has been sold for delinquent taxes, may sue in the. chancery court to redeem the same from the tax sale without waiting to become twenty-one years of age. 2. Appeals. Demurrer to hill in equity. Interlocutory decree overruling. An appeal from a decree overruling a demurrer to a bill in equity . is not a matter of right; its allowance is discretionary and should not be granted where it can only serve to delay the cause.