Cummings v. Daughety

Citations

• 73 Miss. 405

Syllabus

<p>1. Pleading. Demurrer to declaration. Error to overrule in part and sustain in part.</p> <p>Where a demurrer is to the whole declaration, but some of the causes assigned relate only to a part thereof, it is error to overrule 'the same, except as to the grounds going only to a part of the declaration, and to sustain it as to them, for the demurrer, being an entire thing, should be wholly sustained or wholly overruled.</p> <p>2. Same.</p> <p>If a demurrer is not a defense to the whole declaration or count to which it is applied, it should be overruled.</p>