Harvey v. Lumber Mineral Co.

Citations

• 96 Miss. 627
• 51 So. 209

Syllabus

<p>ChakceRY Pleading and Practice. Decree overruling dermirrer. Appeal. Code 1906, § 34. Discretion to grant.</p> <p>An appeal from an interlocutory decree of the chancery court overruling a demurrer to a pleading is not a matter of right; under Code 1906, § 34, providing for such appeals, they must he allowed by the court or the chancellor exercising a sound discretion, and should be disallowed where no question controlling the litigation is presented and where an appeal will serve only to delay the cause.</p>