Western Assurance Co. v. Mayer

Citations

• 64 Miss. 795

Syllabus

<p>1. Demukrer to Evidence. Stating evidence and not facts. Effect.</p> <p>A demurrer to evidence, which'sets out at length the evidence adduced and devolves upon the court the duty of drawing inferences and conclusions from testimony susceptible of different constructions, and relating to a material matter, is an improper pleading, and one upon which issue should not be joined or judgment rendered.</p> <p>2. Same. What to contain and what not to contain.</p> <p>A demurrer to evidence should not detail the evidence as presented to the jury, but should state and admit every fact which the evidence tends to prove, and leave the court nothing to do but to apply the law to the facts admitted.</p>