Volume 104 — Mississippi Reports

Hon. Sam. Whitman, Chancellor. Suit by Max Winkler against Elizabeth Winkler for divorce. Prom a decree awarding alimony to the wife, plaintiff appeals. The facts are fully stated in the opinion of the court. There was no exception by the appellant to the decree awarding alimony against him, nor to anything that occurred at the trial, and the evidence upon which the court acted was not made part of the record.

State ex rel District Attorney v. Charles E. Wharton. Appeal from the circuit court of Claiborne county. Hon. H. C. Mounger, Judge. Held: That payment of taxes after time required by law does not remove disqualification of voter or elector; and that payment is antecedent to right.

Ingram-Diay Lumber Company v. Sustan Cuave. Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Jhdge. Suit by Sustan Cuave against the Ingram Day Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. R. E. Sheehy, Chancellor. Suit by G. W. Tyrone against F. P. Fox to subject a piano to the payment of a judgment against G. H. Fox, the landlord of defendant. Held: and more; he directed the property condemned to pay Gr. H. Fox’s debt, and it not in custodia legis or even under bond. We deem this a much stronger case, than either the facts in the case of Henry v. Dillard, 68 Miss. 536, or that of Walker v. Marseilles, 70 Miss. 283, the last paragraph of the decision.

Hon. M. E. Denton, Chancellor. Suit by Writ Adams, state revenue agent, for the use of the town of Charleston against the Lamb-Fish Lumber Company. A decree for defendant was reversed in 60 South. 645 and plaintiff moves to set aside the judgment reversing the case and for final judgment in the supreme court. The facts are fully stated in the opinion of the court.

Hon. H. C. Mounger, Judge. Suit by Simon Hawkins against the Yazoo and Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Held: that the fact that the apparatus fell with the jerk received from plaintiff’s fall does not render it defective for the purpose for which it was intended and for which it was being used.

Hon. J. F. McCool, Chancellor. Suit by W. F. Douglass and wife against J. T. Carpenter and others. From a decree for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court. There is only one question, without which there would have been no litigation in this matter, and that is: 1. Whose duty is it to pay the taxes? The vendee in possession under bond for title, or the vendor holding notes for the purchase money?

Hon. E. E. Brown, Judge. Quo warranto proceeding by the State on the relation of W. P. Tucker against D. H. Wallace. Prom a judgment in favor of relator, defendant appeals. At the meeting of the board of mayor and aldermen of the town of Woodville in October, 1906, W. P'.

Hon. B. E. Sheehy, Chancellor. Bill by R. T. Berry against the town of Mendenhall. From a decree dismissing the bill, the plaintiff appeals. The facts are fully stated in the opinion of the court. The board in closing Bay and Magnolia streets acted on a petition signed by all the abutting property owners, that owned property on those streets.

Hon. W. A. Henry, Judge. Suit by the National Life Insurance Company against Hinds county' From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Held: but it was an easy matter for the holder of the bonds at any time, by simple inquiry of the clerk of the board of supervisors, either in writing or through some local correspondent, to have ascertained the facts, so that no loss of interest need have occurred.

Hon. H. C. Mocjnger, Judge. Suit by J. F. Jones against the Southern Express Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The lower court based its decision on Express Company v. Stevenson, 89 Miss. 233. We submit that that case has no application to the case at bar. The facts distinguish the two cases. There the express, company had no notice of the apparent value of the shipment; here it liad.

Hon. Or. Or. Lyell, Chancellor. Suit by the Kennedy Heading* Company against the Southern Plantations Company. Prom a decree for plaintiff, defendant appeals. Held: the statute of our state requiring a seal to a deed in the case of a corporation, is absolutely abrogated.

Hon. W. A. Henry, Judge. Suit by R. A. Gray against R. T. Wade. Prom a judgment for plaintiff, defendant appeals.

Hon. W. A. Henry, Judge. Suit by Robb & Chichester against the Postal Telegraph & Cable Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The court bases its peremptory instruction on the ground alone that the contract was void because the board of supervisors did not give the required three weeks ’ notice of the letting of said contract. Our answer to this is: 1.

Hon. M. E. Denton, Chancellor. Suit by John T. Boddie and others against Lydia E. Littler and others. From a decree for complainants, defendants appeal. A bill in chancery was filed in July, 1906-, by Boddie to remove clouds from title. There was a decree for complainant, and defendant appealed.

Hon. Gf. G-. Lyell, Chancellor. Suit by C. H. Jenks against the town of Woodville. From a judgment for plaintiff, defendant appeals. The decree of the trial court is as follows: “ (1) The court finds that the issues made by the parties hereto are based upon the deep well and pumping system attempting to be installed by O’.

county. Hon. W. A. Henry, Judge. Suit by the city of Jackson against Hinds county. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. T. A. Wood, Chancellor. Suit by Mary J. Martinez and others against E. J. Jane and others. Prom a judgment for complainants, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Cashin, Judge. Suit by the Success Brick Machine Company against W. T. Johnson and another. From a judgment for plaintiff, defendant appeals. On a former appeal this case was reversed and remanded for a new trial. See Johnson v. Success Brick, etc., Company, 93 Miss. 169, 46 South. 957. The report of the former case contains a complete statement of the facts.

Hon. Paul B. Johnson, Judge. H. S. Vance was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court. At the special July term of the circuit court of Forrest county, Misissippi, H. S. Vance was tried, and convicted on a charge of vagranccy.

Hon. Paul B>. Johnson, Judge. Clem Dantzler was convicted of unlawful retailing and appeals. Appellant was indicted for the unlawful sale of intoxicating, liquors.

Appear from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Petition of Bill Grayson for a writ of habeas corpus. From a judgment denying the writ, petitioner appeals. The facts are fully stated in the opinion of the court.

Suit by George P. Miller and others against the American Express Company to obtain a mandatory injunction, requiring it to receive and transport intoxicating liquors. From an order granting the -writ, defendant appeals.

Hon. W. A. Henry, Judge. Suit by the Federal Discount Company against Fletcher ■& Ratliff. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by Annie Sanders against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. At common law bastards had no rights worth boasting of, and the only rights they possess, now are given them by legislative enactment. The common law did not permit an action of this kind. I. G. R. R. Go. v.- Johnson 77 Miss. 727; Alabama etc. Ry. Go., v. Williams 78 Miss. 209.

Hon. Sam Whitman, Jk,, Chancellor. Suit by E. L. Evans against W. M. Money. From a judgment for defendant, plaintiff appeals. In 1905 W. M. Money obtained two judgments against one Barrett in the court of a justice of the peace, and about two years later caused a writ of garnishment to be issued, naming E. L. Evans as garnishee.

Hon. W. A. Henry Judge. Suit by Carrie B. Gordon against the Penn Mutual Life Insurance Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by Burke & McGuire against the American Express Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. T. H. Barrett, Judge. Geo. C. Price was convicted of selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. The first error to which we call the serious attention of the court was the action of the circuit judge in permitting the district attorney to show the record of the justice of the peace in case No. 1667 on the docket of the justice of the peace, and the record of the justice of the peace in cases Nos. 1593 and 1331.

Hon. H. K. Mahon, Judge. Watson Howell was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.

Hon. H. C. Mounger, Judge. John Murray was convicted of having removed from one county to another certain property subject to the landlord’s lien, and appeals. The property removed consists of three hales of cotton upon which a landlord’s lien existed.

Geo. S. Dodds, Special Judge. Suit by Wirt Adams, state revenue agent, against the Union Naval Stores Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Doubtless the attempt will be made to sustain the assessment under section 4266 of the Mississippi Code, which reads as follows: ‘ ‘ Sec. 4266.

Hon. Sam Whitman, Jr., Chancellor. Suit by W. S. McMahan against M. P. Foy, administrator of the estate of D. J. McDonald, deceased. From .a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The affidavit made by the appellant and attaching the receipt as it is described by the clerk thereto satisfied the clerk that the claimant had done all that the law required him to do as he understood the law.

Hon. J. L. Buokley, Judge. Suit by Mrs. Sallie D. Moreland against the Mobile & Ohio Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The fact in this case, in their legal effect, are practically the same as those in the case of A. & V. B. B. v. Lowery, in 57 So. 289; and under that authority we are entitled to a reversal of this case.

Hon. G. G. Lyell, Chancellor. Suit by Mrs. Mary L. Moseley against the Liverpool & London & Globe Insurance Company. From a judgment for defendant, plaintiff appeals. Held: under its contract with the Mississippi Home Insurance Company, to be merely liable to that company to indemnify it against any loss it might sustain, as against appellant, there was no liability to the appellant on the part of appellee.

Hon. E. V. Hughston, Special Judge. Suit by W. G. Pope against the Yazoo and Mississippi Valley Railroad Company and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court. Appellee in his brief virtually admits that it is conclusively shown that the car in which this mule was being transported was carefully and properly handled up until it reached Mounds.

Hon. Sam Whitman, Jr., Chancellor. Suit for divorce by Mattie Wilson against Bob Wilson. Thom a decree dismissing her bill complainant appeals. The facts are fully stated in the opinion of the court. In the case of William.

Hon. W. A. Henry. Judge Suit by Rowland Thompson 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.

Hon. R. E. Sheehy, Chancellor. Bill by the Gulf & Ship Island Railroad Company to enjoin the prosecution of several suits at law. The lower court sustained a demurrer to the bill and, on appeal, the decree was affirmed in 60 South. 1014.

Hon. Sam Whitman, Jr., Chancellor. Bill by S. H. Floyd against L. H. Arky and another. From a decree for complainant defendant appeals. The facts are fully stated in the opinion of the court. The forfeiture clause of the contract would be en-forcible only upon the predicate that' it was intended as liquidated damages to be paid by the defaulting party to the,party who had performed or was ready and willing to perform.

Hon. E. V. Hughston, Special Judge. Suit by J. E. Frazier 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 first reversible error committed by the trial court was the failure of the court to grant the peremptory instructidn in favor of the defendant.

Hon. Gteo. S. Dodds, Special Judge. Suit by Wirt Adams, state revenue agent, against the Harrison Naval Stores Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Numerous objections filed to the assessments raise the various points discussed in this brief. Most of the points discussed apply to all the cases.

Hon. Geo. S. Dodds, Special Judge. Suit by Wirt Adams, state revenue agent, against J. L. Jones. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. But it may be contended that the tax is levied against the money spent while the leases bought furnished the criterion of value. This will not do. The tax is either against the lease or it is not. The lease is not taxable. Hancock Go. v. Imperial N. 8.

Hon. J. F. McCool, Chancellor. Suit by Wade Carpenter and others, against E. M. Carpenter and others. Ftom the decree, certain defendants appeal. The facts are fully stated in the opinion of the court. This fee should not have been allowed. There was a real controversy between the parties. There wás a propriety in the defendants’ being represented by counsel. It was necessary that an answer be filed? The bill filed by complainants contained various damaging mistakes.

Hon. W, A. Henry, Judge. Jim Dixon was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.

Hon. T. A. Wood, Chancellor. Suit by the state, by its attorney-general against the Louisville & Nashville Eailroad Company, to enjoin it from engaging further in intrastate commerce within the state, because of its having removed a cause to the United States Circuit Court in violation of Laws 1908, chapter 122. From a judgment for defendant, the state appeals. The facts are fully stated in the opinion of the court.

Hon. Jno. L. Buckley, Judge. . Suit by Greenwald & Champenois 'against tbe Mobile & Obio Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in tbe opinion of tbe court.

Hon. Sam Cook, Judge. Suit by E. N. May 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.

Hon. J'. S. Hicks, Chancellor. Bill by the Bank of Roxie against T. B. Lampton, as receiver of the Pike County Bank So Trust Company, to… Held: “A partnership is not bound to a bank for a loan obtained from it by a partner in the firm name but without authority if the bank knew that the partner was borrowing the money for his own use in the payment of a debt due by him individually, to the bank.” From all of the above it is perfectly clear that W. B. Caston had no authority…

Hon. W. A. Henry Judge. Suit by J. W. Atkins against M. E. Wainwright. From a judgment for plaintiff, defendant appeals.. Held: “Where a surety who is called on to pay the' debt of the principal compromises and settles the debt for a sum much less than the amount of the debt, he is entitled to claim from the principal only the actual amount paid by him. ’ ’ The amount that appellee could recover of appellant in the state of Louisiana is one hundred and…

Hon. G. G. Lyell Chancellor. Bill by Mrs. Mary McL. Jones against the city of Jackson and board of mayor and aldermen of the city of Jackson in which the state intervened. From a judgment for defendant, plaintiffs appeal. The facts are fully stated in the opinion of the court. The only case we have been able to find holding against us is the case of Spires v. City of Los Angeles et al., 150 Cal. 64, Am. Eng. Ann. Cases, 465'.

Appear from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Bill by Adeline Duncan against B. J. Gardner. From a decree for complainant, defendant appeals. Appellee was complainant in the court below, and appellant was defendant. Appellee is an old, ignorant, negro woman, and appellant is her well-educated son.

Hon. J. Q. Robins, Chancellor. Suit by Dan Turman against Mrs. Cora Kemp. From .a judgment for plaintiff, defendant appeals. Mason P. Turman died at his home in Houston, Miss., in 1905, intestate, leaving as his heirs at law his widow .and three children, to wit, appellant, Cora Kemp, appellee, Dan Gr. Turman, and another son, M. B. Turman. At the time of the death of the intestate, his wife and daughter were living with him, and both were in feeble health.

Hon. H. C. Mounger, Judge. Suit by tbe Merchants & Planters Packet Company against Wright Brothers. Prom a judgment for plaintiff, defendant appeals. Certain business men of the city of Vicksburg undertook the organization of a packet company for the purpose of plying a steamboat on the Yazoo river, in order to secure better service and rates.

Hon. James F'. McCoo-l, Chancellor. Bill between Dennis Redmond and others and Robert Redmond and others for the construction of the will of John S. Redmond, deceased. Held: and the many variations which it introduced in the rules and definitions of the common law on this subject.

' Hon. G-. G\ Lyell, Chancellor. Suit' by Louise G. Campbell and others, against C. M. Mansfield; administrator. From a decree for defendant,, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. P. C. Chapm:an, Special Judge. Replevin by John E. Dennis, trustee, against John Robinson. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The note and deed of trust affirmatively shows the conditions of the deed of trust had been broken, and the plaintiff was entitled to the immediate possession of the property enumerated in the deed of trust.

Appeal, from the chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Held: could not be done and that the act itself was unconstitutional. Of course it is not necessary to pursue this case further. The whole law was void under which tax proceedings were held. There was no judgment of a competent board proceeding under a valid law. The -whole scheme was infected with illegality.

Hon. H. C. Mounger, Judge. Suit by Bettie Hare and others against the Yazoo & Mississippi Valley Railroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

• Hon. H. C. Mounger, Judge. Suit by Susie Richardson against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff retaxing the cost, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Mitchell, Judge. Suit by E. P. Poe against Mrs. Ruby Thompson. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The valuation of the property fixed by the affidavit controls the jurisdictional amount, unless it he shown that the plaintiff knowingly and designedly undervalued the property.

Hon. Monroe McClurg, Judge. Suit by C. F. Tillman against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment for two thousand dollars against the appellant for injuries received by appellee while a passenger on appellant’s train.

Hon. H. K. Mahan, Judge. Roman Doss was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. The second suggestion or error, I submit, is fatal. It will be noted that this appellant was in jail and not on bond.

Hon. C. L. Hobbs, Judge. Shuge Collier was indicted for murder. From a judgment overruling his motion to quash the indictment, he appeals. The facts are fully stated in the opinion of the court. The motion to quash the indictment in the above styled case certainly should have been sustained.

Hon. G. H. McLean, Judge. Motion by S. A. Floyd to compel M. B. Grace, an attorney at law, to pay over money collected by Mm, alleged to belong to petitioner. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opimon of tbe court.

Hon. G. G-. Lyell, Chancellor. Consolidated suit by the Hall-Miller Decorating Company and others against the National Surety Company and others. From a decree overruling its demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. M. E. Denton, Chancellor. Suit by Floyd M. DuBose against Malcolm McNeil. From a judgment for defendant, plaintiff appeals. The facts are sufficiently stated' in the opinion of the court.

Hon. T.' A. Wood, Chancellor. On motion to correct a judgment remanding the case and to enter a judgment of dismissal. For former opinion see 60 South. 1010.

Hon. E. N. Thomas, Chancellor. Bill by Simon Strauss against P. H. Hutson and wife. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We ask the court to bear in mind that this bill seeks discovery from both defendants.

Hon. Geo.- A. McLean, Judge. Suit by Maria Dodd against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. When,, under the facts of this case, a jury goes out and solemnly returns a verdict of two hundred and fifty dollars, surely the limit of right has been passed.

Hon. C. L. Dobbs, Judge. Suit by N. B. Thompson against the Mobile, Jackson & Kansas City Railroad Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Host. J. A. Teat, Judge. Application by E. E. Buck for a writ of habeas cór■pus. From an order denying the application, relator appeals. The facts are fully stated in the opinion of the court. The precise point involved in this appeal has not been -decided by this court so far as our investigation has .gone. It has to do with the power of a court or a judge -over a convict after final sentence and judgment and after the court has adjourned.

Hon. C. L. Dobbs, Judge. Suit by Maude Heflin against the town of Union. From a judgment for plaintiff, defendant appeals. .The facts are fully stated in the opinion of the court. Code municipalities have no common law duties; they are creatures of the statute entirely and as much a part and parcel of the sovereign as the county.

Hon. Monroe McClurg, - Judge. Suit by J. S. Watson against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment for the sum of seven hundred and fifty dollars in favor of plaintiff below in an action for libel, based upon a letter written by an agent of the defendant railroad company to a cotton merchant in the city of Memphis to whom plaintiff had shipped certain cotton.

Hon. Sam Whitman, Jr., Chancellor. Suit between Mrs. L. C. Germaine and J. M. Harwell and others, in which Mrs. Germaine appeals. On appellant ’s motion to reverse the judgment because of the loss of the original papers by appellees. The facts are fully stated in the opinion of the court.

Hon. M. E. Denton, Chancellor. Suit by the heirs of W. Q. Robley against Sterling A. Withers and the Bank of Commerce & Trust Company, in which Sterling A. Withers filed a cross-bill, praying for an… Held: as shown by the syllabi: First. Interest is not recoverable where covenantee has been acquitted of liability for mesne profits without paying the same, and that the proportion that interest bears to mesne profits is immaterial, Second.

Hon. J. H. Mitchell, Judge. Suit hy Joseph H. Carpenter against the Mobile & Ohio Railroad Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment for the plaintiff for two thousand dollars for injuries received by him while in the employ of the defendant railroad company. The opinion states the facts.

Hon. E. N. Thomas, Chancellor. ■ Suit hy J. H. Kimbrough against Frank Davies. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. A demurrer was interposed by the appellant and others to the bill of complaint, setting up a nonjoinder of defendants, stockholders in the Indianola Compress & Storage Company, and also setting up want of jurisdiction in the chancery court in this kind of a proceeding.

Hon. J. M. Cashin, Judge. Suit by Southern School Book Depository against T. C. Holmes and others. From a judgment for defendant, plaintiff appeals. Davidson & Wardlaw, a partnership, composed of E. O. Davidson and S. W. Wardlaw, were engaged in the business of handling and distributing the school books used in the public schools in Mississippi.

Hon. E. N. Thomas, Chancellor. Suit by Mary Hoffman and others against Sandy Wilson. Prom a decree overruling a demurrer to the bill, defendant appeals.

Hon. H. K. Mahon, Judge. Suit by the city of Holly Springs against Marshall county. From a judgment for defendant, plaintiff appeals. This suit was instituted for the recovery by the city from the county of one-half of the ad valorem taxes collected by the county treasurer on property within the city limits.

A. E. Weatherby, Judge. Louis Coulter was indicted for embezzlement. From a •judgment quashing the indictment, the state appeals. The facts are fully stated in the opinion of the court. There are two questions presented in the case by the quashing of the indictment. They are, first, whether the absence of the foreman from the grand jury room in the investigation of this case by the grand jury, and the finding of this true bill would vitiate the indictment in the case.

Hon. G. G. Lyell, Chancellor. The facts are fully stated in the opinion of the court. In this reply, we shall first reply to the suggestion of error filed by Judge Campbell; afterwards to the others. Held: whenever the question was raised, that legatees and devisees and heirs are competent witnesses in a will contest.

Hon. J. M. Stevens, Chancellor. Ex parte petition by Prank Moody for a writ of habeas corpus directed to the county convict manager. Prom a judgment dismissing the writ, relator appeals. The facts are fully stated in the opinion of the court. According to our view of the law applicable to this case the appellant herein should have been discharged before the chancellor upon the failure of the respondent E. Small, to show the proper authority for his detention.

Hon. H. C. Mounger, Judge. Suit by Mrs. C. D. McKenna against the Alabama '& Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Sam C. Cook, Judge. Suit by Mrs. J. Prank Thompson against the Yazoo & Mississippi Yalley Railroad Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. C. Motjnger, Judge. J. B. Jobe was convicted of adultery and appeals. The facts are fully stated in the opinion of the court. In order to convict a defendant on a charge of unlawful co-habitation by circumstances, the circumstances, must be such, as to exclude any other hypothesis than that of the guilt of the defendant. The evidence in this case, as to the circumstances testified about falls far short of this rule.

Hon. John L. Buckley/Judge. R. L. McRae was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court. Held: “Before the state can convict of this offense two things must affirmatively appear: 1. The wilful and voluntary abandonment of the child by its father. 2. The leaving of the child in a dependent and destitute condition.

Hon. W. A. Henry, Judge. Preston Jones was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court.

Hon. Sam Whitman, Jb.., Chancellor. Suit by the state of Mississippi, on relation of the attorney-general, against the Standard Oil Company of Kentucky. From a judgment overruling a demurrer to the bill, the defendant appeals.