Jordan v. Foxworth

Citations

• 48 Miss. 607

Syllabus

<p>1. Pleadings — practice.—Whatever might be the proper judgment upon a demurrer to a declaration for want of technical form, it is manifest that, after plea, issue in bar and demurrer to the evidence, it is too late to raise the exceptions.</p> <p>2. Demurrer to evidence. — Office of demurrer to evidence considered, and rule repeated, citing 43 Miss. 184.</p> <p>3. Same — practice.—Where the plaintiff in assumpsit proved that, at the request of the defendant, though without any special contract for the amount of wages, he had been in defendant’s employ for two yearn, the law raises an assumpsit upon the quantum meruit; and upon demurrer to the evidence, the judgment will be quod recuperet, and a writ of inquiry to ascertain the amount.</p>