Volume 100 — Mississippi Reports

Hon. M. E. Denton, Chancellor. Bill by Ben H. Holder against Jas. T. Crump. From a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. Jno. L. Buckle;y, Judge. Dr. J. M. Long was convicted of seduction and appeals. The appellant was indicted and convicted of the seduction of one Cora Sellers, an unmarried female above the age of 18. The prosecutrix testifies that she yielded to 'bis solicitations because of a promise to marry her, and that she was of previous chaste character.

Hon. G-. Gr. Lyell, Chancellor. Suit by W. J. McElveen and others against the Mississippi Building & Loan Association. Decree for plaintiff and defendant appeals. The facts are as follows: This was a bill in, chancery, filed, by the appellees, for the recovery of an amount alleged to have been usurious interest, and paid under protest to the appellant Building & Loan Association.

Hon. I. T. Blount, Chancellor. Bill by J. J. Adams against A. B. Smith Lumber Company. From a decree for complainant, defendant appeals. The facts are as follows: One J. J. Adams was the owner of a considerable tract of timber land in Calhoun county, Miss. On a tract adjoining Adams’ land one Burgess operated a small sawmill, and desired to acquire timber from the Adams tract or the privilege of manufacturing it.

Hon. J. Q. Bobbins, Chancellor. Contest between Mrs. Mary Heard and Mrs. Elmer C. Cottrell for the guardianship of a minor. Prom a decree appointing Mrs. Cottrell guardian, Mrs. Heard appeals. The facts are as follows: Julian W. Jameson died intestate on the 6th of November, 1908, leaving one child, John C. Jameson, at that time about four years of age. The mother of the child died when it was about one year of age.

Hon. J. S. Hicks, Chancellor. Bill in Chancery by W. W. Beid et al. against C. E. Freed for a dissolution of a partnership, the appointment of a receiver and an accounting’. Held: constitute cause for shell rescission of the contract, in the absence of franc! by such co-partner at the time of making the partnership agreement. 23 Am. & Eng. Ency. Law, p. 207; Halliston v. Simonson, 36 N. T. (App. Div.) 63.

Hon'. P. B. Johnson, Judge. Suit by J. E. Tally against D. E. McInnis et al. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

TIon. I. T. Blount, Chancellor. Suit by the board of trustees of the M. E. Church South against Charles S. Odom. ■ From a decree dismissing the bill, complainant appeals. The facts are as follows: The appellant was complainant in the court below, and the appellee was the defendant. The complainant filed a bill in chancery to remove as a cloud upon its title the claim asserted by the defendant, the only heir at law and residuary legatee of Mrs. Mary A. Stuart, deceased.

Hon. C. L. Dobbs, Judge. Suit Tby E. H. Day Company against J. A. Thomas. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We call attention to the fourth instruction granted for the defendant.

Appear from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by Ernest Fernandez against the city of Pass Christian. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Municipality not liable for tort of its officers or agents acting in a public duty, as distinguished from corporate duty.

Hon. C. L. Dobbs, Judge. Suit by Otbo Houston against Thomas Keith et al. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Over the objection of the plaintiff an offer to compromise, namely, to accept less than the face of the note, made to'the defendants by one F. M. West, before litigation began, was admitted in evidence. This was error. 2 Phillips on Evidence, p. 218 et seq., note 196; 75 Miss. 659.

Hon. J. R. Byrd, Judge. Suit by E. Carr, sheriff, against Leake county. From a judgment against the county for twenty-five dollars it appeals. E. Carr, sheriff, sued the county of Leake for ninety-nine dollars in the justice of the peace court on appeal to the circuit court. Judgment for twenty-five dollars-was rendered against the defendant county and it appeals.

Hon. John N. Bush, Judge. Mrs. Hughes, the appellee, was plaintiff in the court below, and the railroad company, appellant, was defendant there.' From a judgment in favor of the plaintiff the… Held: There is nothing which shows willfulness, oppression or willful disregard of the rights of the appellee or any other willful wrong.

Hon. I. T. Blount, Chancellor. Suit by tbe state on tbe relation of tbe attorney-general against the Cumberland Telephone & Telegraph Company. From a judgment for plaintiff defendant appeals. The facts are fully stated in the opinion of the court. The record in this ease has been lost and the briefs of counsel for this reason are not given.

Hon. Jno. L. Buckley, Judge. Attachment by Russell & Butler against the Mahaffey Co. et al. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court. The record in this case has been lost and hence no briefs of counsel can be given.

Hon. M. H. Wilkinson, Judge. Suit by the Illinois Sewing Machine Company against E. C. Cropper & Company. Prom a judgment adjudging P. B. Pox a general partner, he appeals. A limited partnership was formed between E. C. Cropper and P. B. Pox, in accordance with chapter 88 of the Code of 1906; Mr. Cropper being the general partner and Mr. Fox the limited partner.

Hon. T. Á. Wood, Chancellor. Bill by William Tynes against the Southern Pine Co. A demurrer to the bill was sustained and complainant appeals. Appellant filed his bill of complaint in the chancery court against appellee for confirmation of his title to the land in controversy, which is deraigned from the state through the Pearl River Improvement & Navigation Company.

Hon. Sam. C. Cook, Judge. Suit hy Mrs. VV. Hardie against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The record in this ease being lost the reporter is unable to give the briefs of counsel.

PIon. C. L. Dobbs, Judge. Miles Poole was convicted of manslaughter and appeals. The facts are sufficiently stated in the opinion of the court.

Hon. W. H. Cook, Judge. Suit by the First National Bank of Commerce against J. D. Donald from a judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion of the court. The record in this case has been lost and the briefs of counsels cannot therefore be given.'

Hon. Sam;. C. Cook, Judge. Suit by E. A. Rowan against Nina W. Carleton. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. This is a replevin suit for logs brought by tbe appellant as plaintiff against tbe appellee as defendant. On tbe 17tli day of April, 1902, tbe appellant entered into a contract with tbe appellee.

Hon. T. M. Evans, Special'Judge. John Hudson Was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. The second error assigned is that the court erred in not permitting the witness, Loren King, to answer the question on cross-examination by defendant if he did not state before a grand jury in Hardison connt-y, Mississippi, that he did not buy whiskey from the defendant, John Hudson, during the year 1909.

Hon. Paul B. Johnson, Judg’e. Della Austin was convicted of spreading a contagious -disease and appeals. The facts are sufficiently stated in tbe opinion of tbe court. Tbis cause should be reversed and tbe defendant discharged because tbe peremptory instruction asked by thé defendant and refused by the court, should have been given, and because the indictment charges no crime.

Hon. D. M. Miller, Judge. George Hill was convicted in the city court of McComb of having in his possession intoxicating liquors for the purpose of sale. On appeal to the circuit court, the court peremptorily instructed the jury to acquit the defendant and the city appealed. The facts are fully stated in the opinion of the court. The defendant was charged with keeping whiskey for sale.

Hon. J. F. McCool, Chancellor. Bill by J. L. Nestor et al. against J. E. Davis. Bill dismissed on demurrer and complainants appeal. The facts are fully stated in the opinion of the court. J..

Hon. Gr. A. McLean, Judge. Victor Irving was convicted of burglary and appeals. The evidence upon which the conviction rests is circumstantial; the state relying principally upon tracks, alleged to be those of the defendant, leading from the house of the prosecuting witness, in order to connect the defendant with the crime.

Hon. N. A. Taylor, Judge. Anderson Neely was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court.

Hon. Jno. L. Buckley, Judge. Suit by Mrs. Mary E. O’Dom against the New York Life Insurance Company. From a judgment for plaintiff, defendant appeals. Held: under circumstances like those of this case, that the cashier could not collect premiums after the expiration of the time fixed by the policy and bind the company by his acts, see Bouton v. Am. Mutual Life Ins. Co., 25 Conn. Rep. 542. See, also, Catoir v. American Life Ins. Co., 33 N. J. 487.

Hon. D. M. Miller, Judge. Jake Rickards was convicted of unlawful retailing under an ordinance of tke town of Magnolia and appeals. Tke facts are fully stated in tke opinion of tke court.

Hon. M. H. Wilkinson, Judge. Suit by Ida Murray for the death of her daughter, against the Natchez Drug Company. From a judgment for defendant the plaintiff appeals. The appellant brought an action against the appellee for damages for the death of her daughter, who was employed by the appellee in its wholesale drug store. Appellee’s business was conducted in a large five-story brick building, in one part of which was a chemical laboratory.

Hon. G. C. Tann, Special Judge. Suit by Bay Springs Bank against Geo. D. McNeill et al. Prom a judgment for plaintiff, defendant appeals.

Hon. W. A. Roane, Judge. Suit in ejectment by the Lakeview Traction Company against the Yazoo & Mississippi Yalley Railroad Company. From a judgment granting relief in part to the plaintiff, defendant appeals and plaintiff prosecutes a cross appeal.

Hon. G. A. McLean, Judge. Suit by J. D. McGraw ag’ainst W. E. McGahey and M. S. McGahey, his wife. From a judgment for plaintiff, Mrs. M. S. McGahey appeals. The appellee, McGraw, brought suit in the justice court against W. E. McGahey and his wife, Mrs. M. S. Mc-Gahey, for merchandise sold W. E. McGahey and charged to him on the books of appellee.

Hon. Jno. H. Mitchell, Judge. The Alcorn.Cotton Oil Company was convicted of violating the laws against the adulteration of cotton seed meal and appeals. The facts are fully stated in the opinion of the c’ourt.

Hon. W. A. Henry, Judge. Suit by S. A. Miller et al. against the Phenix Insurance Company. Prom a judgment for defendant, plaintiff, S. A. Miller, appeals. The facts are fully stated in the opinion of the court- Appellee’s whole brief is based on the idea that appellant was guilty of concealment and for that reason the policy was void.

Hon. J. M. MoCool, Chancellor. Bill by John D. Gwin et al., as executors of the will of S. D. Gwin against Mrs. Rosalind Gwin Hutton et al. From a decree dismissing the bill, petitioners appeal. Held: further, that the children, all being adults, could agree to a termination of the trust and partition of the property. From a decree dismissing the petitioner’s bill, an appeal is taken.

Hon. Barnet E. Eaton, Special Judge. Suit by J. H. Lang, assignee of tbe Home Bank of Pass Christian for tbe use of tbe Metropolitan Bank, against tbe Brandt Mercantile Company, on a draft drawn on W. A. Henderson by J. L. Henderson in favor of tbe Brandt Mercantile Company and indorsed by it. Prom a judgment for plaintiff on appeal from' a justice of tbe peace court, defendant appeals.

Hon. Sam. Whitman, Jr., Chancellor. Suit by A. J. Weems against the city of Laurel. From a judgment for complainant, defendant appeals. The facts are fully stated in the opinion of the court. On the 20th day of March, 1906, Eastman-Gardner & Company, by general warranty deed conveyed to the city of Laurel, Mississippi, the property in controversy, lot 10, in block 1 of the Alpha addition to the town of Laurel, Mississippi.

Hon. D. M. Miller, Judge. Kate Carter was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. We submit that it was highly improper to take the court and prisoner, after she had rested her case, or any other time, out of the courthouse and go over town or the county with them to the homes of sick witnesses. We cite on this section 1195 of Dr. Bishop’s New Criminal Procedure, vol. 1.

Hon. D. M. Miller, Judge. Florence Moses was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. The indictment charges that defendant did, on the 2d day of January, A. D. 1911, sell and retail intoxicating liquor.

Hon. E. N. Thomas, Cliancellor. Suit by the Yazoo Delta Lumber Company against William M. Hamner et al. From a decree for complainant,… Held: recently, that none of the short statutes of limitations which protect tax sales can possibly have any application, if there existed no power to sell the land for taxes, whether the want of power was dne to one canse or another; that, in every snch case, these statutes of limitation had no sort of application.” Again, Judge Whitfield…

• Hon- H- C- Mounger, Judge. Judge Collins was convicted of murder and appeals. The facts are sufficiently stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit in equity by Warren county against the Vicksburg Traction Company to enjoin the company from tearing… Held: deemed, and treated as true and proven for the purpose of this hearing, and on appeal to the Supreme Court, if an appeal is prosecuted.” It appears from the allegations of the answer, which are admitted to be true, that the line traverses a roadway through a territory which is very sparsely settled, and is located along a crest of…

Hon. John L. Buckley, Judge. Suit by Will Mobley, a minor, by next friend, against the New Orleans and Northeastern Eailroad Company. From a judgment sustaining a demurrer to the declaration, plaintiff appeals.

Hon. J. F. MoCool, Chancellor. Suit by Thomas Smith against Mrs. Lou E.' Guess to set aside a decree awarding alimony. From a decree overruling a demurrer to the bill, defendant appeals. Mrs. Lou E. Smith instituted a suit for divorce against her husband, Thomas Smith, the bill praying for divorce .and alimony. The cause was returnable at the February term of the chancery court. Summons was issued and executed personally in ample time.

Hon. J. S. Hicks, Chancellor. Suit by R. A. Owen and others against the board of supervisors of Claiborne county and others. From a decree for complainants, defendant appeals. This suit was begun by a bill, in chancery, and its purpose is to enjoin the sheriff, justices of the peace, and road contractors from prosecuting alleged defaulting road hands. By permission of the court, the board of supervisors was admitted to defend the' suit.

circuit court of Covington county. Hon. W. H. Hughes, Judge. Suit by Mrs. E. E. Jones against the Grand Lodge Colored Knights of Pythias of Mississippi. Held: “There can, of course, be no waiver where the superior body refused to receive the past due assessments, though they were accepted by the subordinate lodge (citing Marshall v. Grand Lodge A. O. U. W., 133 Cal. 688).

Hon. Cr. GL Lyell, Chancellor. Bill by V. B. Howie against A. M. Alford. From a decree dismissing the hill complainant appeals. The facts are fully stated in the opinion of the court. Under the common law rule our court seemed to be inclined to hold that failure to file deed at proper time was fatal: Prior to the Constitution of 1869, the decisions of our court followed the common law rule, in regard to the tax sales and tax titles.

Hon. C. L. Dobbs, Judge. Suit by D. W. Doolittle against D. L. Ragland et al. as incorporators of tbe Newton Lumber & Manufacturing Company. Tbe court gave a peremptory instruction for plaintiff and defendant appeals. Tbe facts are sufficiently stated in tbe opinion of the court.

Hon. Jno. L. Buckley, Judge. Suit by L. L. Ginnings against the Meridian Water Works Company. From a judgment for defendants, plaintiff appeals. The' facts are fully stated in the opinion of the court. The idea of this case, under the well-settled rule of law, being one for peremptory instruction, I submit is a burlesque on the peremptory instruction practice, and is absurd and ridiculous.

Hon. W. A. Henry, Judge. Ed. Richardson was convicted of rape and appeals. The facts are fully stated in the opinion of the court. The case should be reversed also because the court .refused to let the defendant show the prosecutrix was previously of unchaste character, and had had sexual intercourse with other men many times before.

- Appeal from the chancery court of Hinds county. Hon. G. G. Lyell, Chancellor. Suit by J. N. McIntyre against E. E. Forbes Piano Company.

Appeal' from the chancery court of Tippah, county. Hon. D. M. Kimbrough, Chancellor. Suit hy J. Bi. Cox against W. E. Wallace et al., to determine the validity of the organization of Muddy Bottom Swamp Land District No. 1. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. E. B. Traylor was indicted for receiving money on deposit while acting as cashier of a hank, knowing of the bank’s insolvency. From a judgment sustaining a demurrer to the indictment the state appeals. The facts áre fully stated in the opinion of the court.

Hon-. H. C. Mounger, Judge. Action brought by Kuhn Bros, against the mayor and board of aldermen of the city of Vicksburg for a reduction… Held: we think there is a broad distinction in legal conclusions to follow. 'In other words, it is not a similar and just comparison or illustration to say that the result of the collection of this insurance is as “if the appellants had sold the goods on the 12th of February to a purchaser in the state of Louisiana, and the purchaser had…

Hon. Jno. L. Buckley, Judge. Suit by W. H. English against the New Orleans & North Eastern Eailroad Co. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Questions involved. 1. What law governs the alleged contract. (a) The law of Louisiana, or (b) The law of Mississippi. 2. Was it oral or written contract sued on. (b) Is the oral agreement merged into the written release.

Hon. Sam Whitman, Jr., Chancellor. Suit by the Gulf Compress Company against the Alabama Great Southern Eailroad Company. From a decree dismissing the bill, complainants appeal. Complainant filed its bill in chancery for an injunction requiring defendant to receive and deliver cotton in carload lots or less at its compress and warehouse.

Hon. Sam C. Cook, Judge. Suit by William Fletcber against the Yazoo & Miss. Valley R. R. Co. From a judgment for plaintiff, defendant appeals.

Hon. Gr. Gr. Lyell, Chancellor. Snit by the Yazoo & Mississippi Valley Railroad Company against the Mississippi Raliroad Commission. Prom a decree for plaintiffs, defendant appeals.

IIon. Jno. L. Buckley, Judge. Suit by B. F. Cameron against the Mutual Life Insurance Company of New York. From a judgment for plaintiff, defendant appeals. The appellee was the plaintiff in the court below, and the appellant was defendant.

Hon. Gr. A. McLean, Judge. Suit by Mrs. Dora Billingsley against tbe Illinois Central Bailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are stated in tbe opinion of tbe court.

Hon. E. N. Thomas, Chancellor. Suit by the state, on the relation of the attorney-general against Marion Marshall, with an attachment and séizure of intoxicating liquors in defendant’s place of business, seeking to have defendant’s illegal sale -of liquor suppressed as a nuisance, and for an injunction against the further conduct of the business and for a decree for penalties.

Hon. Sam C. Cook, Judge. Suit by D. D. Dodge against J. W. Cutrer. From a judgment for defendant, plaintiff appeals. • Mrs. Flora E. Dodge, and lier husband, H. C. Dodge, were the owners of a plantation in Sunflower county, Mississippi, and were' engaged in the business of planting as a partnership, under the firm name and style of H. C. & F. E. Dodge.

<p>1. Intoxicating Liquors. Malt liquors. Acts of 1908, chapter 115, section 1.</p> <p>A beverage which contains no alcohol and is not intoxicating but contains 5.73 per cent of malt i® a malt liquor within the acts of 1908, chapter 115, section 1, prohibiting the sale within the state of any vinous, alcoholic, malt, intoxicating or spirituous liquors.</p> <p>2. Acts on 1908, Chapter 115, Section 1. Constitutionality. Police power.</p> <p>The prohibition of the sale of non-intoxicating malt liquors within the state as provided by the acts of 1908, chapter 115, section 1, is not unconstitutional as beyond the police power.</p> <p>3. Same.</p> <p>The police power of the state has its limitations. But these limitations have not been reached when the state law is only made broad enough to make its prohibitory laws effective and include in its provisions frauds, disguises, subterfuges, attempted evasions, or beverages easily used as subterfuges for intoxicating liquors.</p>

Hon. M. E. Denton, Chancellor. Suit by M. J. Bouldin against the Germania Life Insurance Company. Prom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. P. McCool, Chancellor. Suit by O. S. McPherson against C. C. Kelly Banking Co. et al. Prom a judgment for plaintiff, defendant appeals. , A full statement of facts will be found in the opinion in McPherson v. Davis, 95 Miss. 215, 48 South. 625. The instant case is an appeal from a decree entered after the former case was remanded.

Hon. W. A. Henry, Judge. James G. Bennett was convicted of bigamy and appeals. The facts are fully stated in the opinion of the court. In our reports, without a single exception, every case to he found supports the rule that the party assailing the validity of a marriage has the burden to show that there was no divorce, although such burden involves proof of a negative.

Hon. G-. A. McLain, Judge. Suit by E.- L. Fuller et al. against tbe Illinois Central Eailroad Company. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Counsel for appellee says that this is not a case for tbe use of section 1985; that there were eyewitnesses and tbe facts about the occurrence are in evidence. But this is only partly true.

Hon. Gr. Gr. Lyell, Chancellor. Suit by Mrs. Nancy B. Neal et al. against A. C. Crowder and wife who filed a cross bill. From a decree for complainants, defendants appeal. Prior to February 18, 1895, John W. Bobinson was the owner of a certain lot situated in the city of Jackson, described as follows: The south half of the north half of two-acre lot No. 3, according to Daniel’s official map.

Hon. Paul B. Johnson, Judge. Buth Oaks was convicted of vagrancy and appeals. The facts are. sufficiently stated in the opinion of the court.

.Hon. J. L. Buckley, Judge. ' Suit by E. B. Hawkins against J. T. Shields. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Held: in the absence of some special stipulation or circumstance requiring the creditor to proceed promptly on the collateral, that mere inaction as to the collateral would release the surety.

Hon. P. C. Chapman, Special Judge. Jim Clark was convicted of murder and appeals. Tlie facts are fully stated in the opinion of the court..

Hon. J. F. McCool, Chancellor. Suit by Burton Cady et al. against C. L. Lincoln et al. From a decree for defendants, complainants appeal. The facts are fully stated in 'the opinion of the court. Where a trust is created the v executor or trustee is charged with carrying it out, and if the trustee dies the court will appoint a new trustee.

Hon. G. G. Lyell, Chancellor. Habeas corpus hy T. J. McGuire against C. B. Allen, city Marshal, to obtain release from imprisonment under sentence for a violation of a city ordinance. From an order releasing petitioner C. B. Allen appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Eoane, Judge. Suit by Mrs. S. A. Gordon against the Sardis & Delta Eailroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. This section of the Code under which this action is brought, No. 4058 of the Code of 1906, is highly penal, and should.be strictly construed. Railroad v. Anderson, 76 Miss. 582; Railroad v. Murrill, 78 Miss. 446.

Hon. Í). M. Miller, Judge. Attachment for rent by J. T. Ritchie against W. E, Pennington in which defendant replevied the attached property. From a judgment for plaintiff, defendant appeals. 'Motion to dismiss in supreme court for want of jurisdiction. The facts are fully stated in the opinion of the court.

Hon. John L. Buckley, Judge. Jim Frost was convicted of rape and appeals. The facts are fully stated in the opinion of the court. Nothing is better settled by this court than the proposition that in a case of this kind the state may show prosecutrix complained soon after the assault' was committed upon her, but it must not be permitted to give the particulars of her complaint or that she charged the defendant with the wrong.

Hon. Jno. L. Buckley, Judge. Geo. Shirley was convicted of carrying concealed weapons and appealed. The state’s witnesses testified that defendant had a concealed weapon on his person in a drug store at the time he was reported. His defense was that he was a deputy sheriff of Harrison county, and that he was in Wayne county for the purpose of arresting a person charged with crime in Harrison county.

Hon. G. A. McLean, Judge. Will Wade was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court. Held: however, that the constitutional provision did not apply to such prosecutions but the mere fact that these words do appear herein does not and cannot affect this affidavit as charging a municipal offense. It may be argued that the judgment of the original court would indicate that the, mayor considered this a state case.

Hon. John L. Buckley, Judge. For former report of this case see ante, page 575, this book. The opinion below was rendered on suggestion of error.

Hon. W. A. Henry, Judge. Chas. Fuller was convicted of unlawful retailing. From an order imposing a suspended sentence defendant appeals. The facts are fully stated in the opinion of the court. There are many cases upon the power of the court to suspend the execution of a sentence either indefinitely or to a time certain, the decisions being in conflict.

Hon. M. E. Denton, Chancellor. From a judgment rendered in proceedings by the ■drainage commissioners of Leflore county, an appeal is taken. The facts are sufficiently stated in the opinion of the court.

Hon. W. A. Henry,-Judge. Suit by R. L. McCall against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff the defendant appeals. The facts are fully stated in the opinion of the court. The contractual relations between the parties did not Re gin with the issuance of the check, but upon delivery And that it was not rifled before coming into possession of the railroad company. McQuestion v. Sanford, 40 Me. 117.

Hon. W. A. Roane, Judge. 'Alvie Rutherford was convicted of murder and appeals.

Hon. W. A. Roane, Judge. Will Cawthon was convicted of unlawful retailing and appeals. The facts are sufficiently stated in the opinion of the court. We do insist that the case must be reversed on the fourth ground of error assigned, because there is no semblance of a certified copy of the proceedings before the justice of the peace in the record whatever that gave jurisdiction to the circuit court to try this case.

Hon. A. J. Rose, Special Judge. Suit by Jones & Rogers against C. L. Dulaney et al. From a judgment for plaintiffs, defendants appeal. ■ The facts are sufficiently stated in the opinion of the court. Held: that an action for damages against the vendor would lie. French v. Vining was a case where hay, which had been accidently poisoned, was sold for cow feed.

Hon. T. H. Barrett, Judge. Suit by S'. E. Naylor against the Thayer Export Lumber Company. From a judgment in favor of plaintiff, defendant appeals. On October 17, 1906, the appellant entered into a contract with the appellee to buy five hundred thousand feet of lumber of the classification known to the trade as “Rio deals;” the specifications and prices being shown in the contract. The contract provided for delivery not later than December 15, 1906.

Hon. J. M. Cashin, Judge. Suit by Si Brooks against tbe De Soto Oil Co. From a judgment sustaining a demurrer to tbe declaration, plaintiff appeals. This is an appeal from a judgment of the circuit court sustaining a demurrer to the declaration of appellant (who was plaintiff below).

Appear from the circuit court of Tippah county. ITon. C. L. Crum, Special Judge. Suit by J. C. Wright against F. M. Stanford. From ■a judgment of dismissal plaintiff appeals. On January 17, 1910, the plaintiff filed his declaration in the circuit court for damages for slander. On the first day of the July term (July 4, 1910), an order was ■entered requiring the plaintiff to give security for costs within sixty days.

John L. Buckley, Judge. Suit by J. W. Lowry against the Alabama & Vicksburg Bailway Company et al. Prom a judgment awarding actual and punitive damages the defendant appeals. The appellee took passage over the Illinois Central Bailroad at Grenada, Mississippi via Jackson, and over the appellant’s road, the Alabama & Vicksburg Bailway,, to Meridian. He took with him the body of his child, and purchased a full ticket at Grenada through to Meridian for the corpse.

Hon. Gr. Gr. Lyell, Chancellor. Suit by W. S. Thompson et al. against J. L. A. Thompson et al. from a decree for defendant, plaintiff appeals. Complainants and J. L. A. Thompson are the children of one Susan Thompson, and defendant B. J. Thompson (the son of J. L. A. Thompson) is the grandson of said Susan Thompson.

Hon. I. T. Blount, Chancellor. Suit by E. E, Woodward et al. against J. W. Hill et al. for partition. From a decree granting relief, defendants appeal. In 1871 Aulston Woodward and T. T. Enochs purchased, by joint deed from J. W. Brake, certain lands in Calhoun county, Miss., the subject of this controversy, and thereby became tenants in common of said land.

Hon. T. A. Wood, Chancellor. Suit by the Southern Engine & Boiler Works against J. F. Stuard et al. From a judgment for complainant, defendant appeals. On February 1, 1907, J. H. Long was the owner of certain machinery, worth about twelve hundred and sixty dollars, which he had purchased in October, 1906, from the Southern Engine & Boiler Works under an agreement which recited that the title was to be reserved in the Southern Engine & Boiler Works until full payment.