Day v. Tucker

Decided October 15, 1908

Mississippi Supreme Court · decided 1908-10-15

From the chancery court of Scott county. Hon. James L. McCaskill, Chancellor. Yiola Tucker, appellee, was complainant in the court below; Day and others, appellants, were defendants, there. From a decree overruling their demurrer to the bill defendants appealed to the supreme court.

Cited by 1 later decisions — most recently October 1913

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1908-10-15

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Mayes, J.,

¶1delivered the opinion of the court.

¶2- 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.

¶3Affirmed, and remanded.