Volume 108 — Mississippi Reports

Hon. T. H. Barrett, Judge. Suit hy Fred O. Howe & Company, against J. A. Leathers, and others, begun in a justice of the peace court and appealed to the circuit court by defendant. From a judgment in the circuit court for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. J. F. Ricks was indicted for the offense of sending a letter with felonious intent of extorting money. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.

■Appeal from the circuit court of Madison county. Hon. W. A. Henry, Judge. Charlotte Taylor was convicted of infanticide and appeals. Appellant was indicted for the murder of the newborn infant of he'r daughter, Minnie Taylor; and from a conviction and a sentence to the penitentiary for life she appeals. The principal witnesses for the state were two physicians, Drs. Howell and Rhyne.

Hon. W. A. Henry, Judge. Suit by John W. Armstrong, against the Pullman Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. A sleeping car company will be held to the same degree of liability as a common carrier. Pullman Company v. Laurence, 74 Misp. 782; Pullman Company v. Kelly, 86 Miss. 88; Section 195, Constitution 1890.

Hon. F. E. Everett, Judge. Richard Underwood was convicted of murder and appeals. The facts are fully stated in the opinion of the court.- In the case of Stokes v. State, reported in 30 Am. Rep. 72, Stokes was indicted and convicted for the murder of Mrs. Housen.

Hon. J. Q. Eobins, Chancellor. Proceeding to distribute the estate of Mrs. Barbara Christman/ Prom a decree construing the will of the decedent, approving the final account of the “executrix, and directing distribution, Phillip Christman appeals. The facts are fully stated in the opinion of the court.

Hon. Frank F. Everett, Judge. West Brown, was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court. We insist that the court erred in refusing to allow the witness, Albert Brown, to testify in this case when called as a witness by appellant. The record shows that no questions were ever asked Albert Brown and that the court would not even allow him to be' sworn; therefore, the mb'ng by the court was untimely and anticipatory.

Hon. C. L. Dobbs, Judge. Suit by tbe Ohio Pottery & Glass Company against J. B. Pickle & Son. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Cashin, Judge. Suit by Margaret A. Sommers against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in the opinion of the court.

Hon. T. B. Carroll, Judge. Suit by W. Eosenbaum against GL W. Hull. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court. It is pláinly alleged in tbe plea, record page 10, that tbe said justice court judgment was one that said justice court undertook “to render upon a suit founded upon two notes alleged to have been signed by appellant, tbe sum total of tbe principal of wbicb was in excess of two hundred dollars.

Hon. J. I. Ballengeb, Judge. Will Ellis was convicted of murder and appeals. The facts are fully stated in the opinion of the corut.

Hon. C. L. Dobbs, Judge. Suit by Ivey Daniels against the Alabama & Vicksburg Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The trial court gave the plaintiff an instruction, No 2, authorizing the jury to inflict punitive damages. We insist that this instruction was erroneous.

Horr. J. L. Buckley, Judge. Greorge Matthews was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. Will Dugger was convicted of violating an ■ordinancé of the board of supervisors of Coahoma county making it a misdemeanor for one against whom commutation road taxes have been assessed to fail to pay the samé and he appeals. The facts are fully stated in the opinion of the court. In the first place the tax, although named a commutation tax, commutes nothing. It is a stipulated sum to be paid, not in lieu of something else, but absolutely.

Hon. J. F. McCool, Chancellor. Bill hy Bhoda Talley against Steve Talley. From a ■decree dismissing the hill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Chancellor. Suit by I. P. Delmas and others against the mayor and board of aldermen of Pascagoula to restrain the issuance of certain bonds. Prom an order overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. T. A. Wood, Chancellor. Suit by B. W. Fagan -against Buby E. Col'e and others. From a decree for complainant, defendant appeals.

Hon. J. F. McCool, Chancellor. Suit by P. J. Cannon against tbe Holbtirg Mercantile Company, and others. From a judgment dismissing the bill, plaintiff appeals. In May, 1907, Mrs. E. F. Kennedy, through her agent and attorney, Z. A. Brantley, verbally agreed to sell W. H. Hathorn a certain lot in the town of Louisville, Mississippi, for the sum of one hundred and fifty dollars.

Hon. H. C. Mounger, Judge. Suit by E. L. Perkins against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Defendant’s peremptory instruction should have been given for the further reason that, according to plaintiff’s own showing, he assumed the risk of the scaffold’s condition.

Hon. Jas. A. Teat, Judge. Suit by the Merchants’ & Farmers’ Bank, against W. K. Martin, in which Adam Schaaf interposed as claimant to the property levied upon by attachment. Held: and that alone constituted the entire business. It .seems that a fixed going business is a condition precedent. Martin was not a trader when these goods came into his possession.

Hon. J. F. McCool, Chancellor. Suit by W. M. Jordan and others against J. P. Spinks, and others. From a decree overruling a demurrer to the bill, the defendant, J. P. Spinks, appeals. Held: under the Minnesota statute that usurious contracts were void and that a sheriff holding mortgaged property under a writ of attachment was entitled to defend against the mortgage on the ground of usury in a court of law. See, also, In re Miller, 118 Fed. Bep. 360.

Hon. T. H. Barrett, Judge. Suit by T. N. Jordan, against the Illinois Central Bail-road Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The next error of which we complain was the action of the trial court in sustaining the plaintiff’s objection to paragraph 5 of the bill of lading, and in excluding the paragraph from consideration in this case.

Hon'. J. I. Ballengee, Judge. L. P. De Jean, was convicted of unlawful cohabitation and appeals. The questions asked appellant De Jean by the district attorney referred to in the opinion are as follows: Q. Isn’t it a fact that your father-in-law ran you out of the house on account of your association with this woman? (Objected to. Sustained.) A. No, sir; my father-in-law lived with me. We lived there until my son-in-law completed rooms upstairs over his residence.

Hon. M. E. Denton, Chancellor. Proceedings by W. S. Jones, against the Board of Mississippi Levee Commissioners to recover damages for land taken for public use. From a decree sustaining a demurrer to the petition, petitioner appeals. The facts are fully stated in the opinion of the court.

Hon. J. P. MoOool, Chancellor. Bill by G. A. Lindsay against George Parrott. Prom a'judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Held: which is a different proposition entirely from the case at bar. We respectfully submit the case and ask for an affirmance of the decree.

■ Hon. T. B. Watkins, Judge. Suit by J. Watt Bishop against the Yazoo & Mississippi Valley Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Monroe MgClurg, Judge. Suit by Barney & Hines- against W. T. Jackson. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of tbe court.

Hon. Monroe Mc-Clurg, Judge. Action by Mrs. JViyrtle Hamel against the Southern Eailroad Company. Prom a judgment of dismissal, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Kimbrough, Chancellor. Suit by David O. Bridgforth against D. E. Wilson, executors, and others. From a decree for plaintiff, defendant appeals.' The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit by the Central Bank and Trust Company and others. Prom a decree sustaining a demurrer to complainant’s bill, it appeals. Suit by the Central Bank & Trust Company against the Norton Lumber Company and others. Prom a decree of the chancery court sustaining a demurrer to the complainant’s amended bill, it appeals. Reversed and remanded.

Hon. E. N. Thomas, Chancellor. Suit by J. & S. Goodman against J. A. Swett, administrator, for collection of a claim against the intestate for intoxicating liqnors sold and delivered to him. Prom a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Suit by W. E. Gullege, trustee of the estate of Durant Commercial Company, bankrupt, against M. T. Woods. From a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The secretary of a corporation has no power to endorse for accommodation under his general authority to endorse tyills and notes in the transaction of its business. See Gent.

Hon. T. H. Barrett, Judge. Quo warranto by the state of Mississippi, by the attorney-general, against W. D. Batliff, consolidated with similar proceedings against Simon Landon, F. J. Cotton and T. P. Bailey. From a judgment in favor of respondents except T. P. Bailey, the State and Bailey, appeal.

Hon. C. J. Dobbs, Judge. . Suit by Eddie Schaffer by his next friend, Moses Schaffer, against the Deemer Manufacturing Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We submit to the court that taking this entire record and the circumstances of this boy’s injuries into consideration it is a case warranting the invoking of the doctrine of res ipsa loquitur.

Hon. P. Z. Jones, Chancellor. Suit by E. L. Trenholm, trustee in bankruptcy of C. E. Klinker and others. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. Jno. L. Buckley, Judge. Suit by J. D. McLaurin against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.

Hon. Jno. L. Buckley, Judge. Suit by LB. Hawkins ag’ainst'Dr. M. J. L. Hoye, and others. From a judgment overruling a demurrer to pleas filed by defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Jas. A. Teat, Judge. H. C. Lawrence was charged with failure to pay the privilege tax imposed on motor vehicles. Prom a verdict discharging the defendant, the state appeals. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Suit by Mollie Enoch and others against the Independent Order of the Sons and Daughters of Jacob of America. Prom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. The complainants offer as an excuse for the failure of Annie Rankin to pay the assessments required of her by the terms of her contract, the fact that she. was sick and unable to pay them.

Hon. E. N. Thomas, Chancellor. - Bill by John R. Baird and others against W. H. Phipps, and others. Prom a judgment for defendants, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. Gr. Gr. Lyelle, Chancellor. Petition by J. J. Cbrisman, executor of J. B. Cbrisman, deceased, against Mrs. Carrie Bryant and others, for a construction of the will of the decedent. Prom a decree construing the will the executor appeals. The facts are fully stated in the opinion of the court. Where there is a bequest of the identical property to different persons by two clauses in a will, that which is last, will revoke the former and prevail.

Hon. Monroe McClurg, Judge. Suit by Willis Nero, against •the Atlantic Horse Insurance Company. From a judgment\for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that by the terms of the policy sued on, this company does not become liable to pay for the animal insured by reason of its death in any event, but only in accordance with the terms of its policy.

Hon. Jno. F. McCool, Chancellor. Bill by Green Winters and others against Claud W. Comfort. From a decree overruling a demurrer to the bill, defendant appeals. This is an appeal from a decree of the chancery court overruling a demurrer to the bill of complaint filed by the appelees, who were complainants in the court below.

Hon. W. H. Hardy, Judge. Proceeding by Wirt Adams, state revenue agent, for the assessment of the First National Bank of Gulfport and the Peoples Bank of Biloxi, on capital stock, surplus, and undivided profits alleged to have escaped taxation. From an order of the board of supervisors vacating the assessment, affirmed by the circuit court, the revenue agent appeals. The facts are fully stated in the opinion of the court.

Appear from the chancery court of Hinds county. Hon. P. Z. Jones, Chancellor. A bill by the Mississippi National Bank and Jacob Bernheimer, against the Merchants Bank and Trust Company, and others, was dismissed, and Sidney Bernheimer and others petitioned that the dismissal be set aside and the cause reinstated and revised. A demurrer to the petition was overruled and the defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. L. Buckley, Judge. Suit by Mrs. E. L. Daniell and others against the Alabama Great Southern Railroad Company. From a judgment for plaintiffs, defendant appeals.

Suit by L. B. Wynne, and others against the Illinois Centarl Railroad Company. Order on motion of plaintiffs, for examination of books and papers, and petition by the Illinois Central Railroad Company, for writ of supersedeas. The facts are fully stated in the opinion of the court.

chancery court of Hinds county. Hon. P. Z Jones, Chancellor. On motion to correct judgment in supreme court. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit by W. T. Pitts, against the Sunflower Bank. Prom, a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. C. L. Dobbs, Judge. Suit by J. J. Kea against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. 1. The injury complained of not having been inflicted by the running of the locomotives or cars of appellant, as in section 1985 of the Code, raising the presumption of negligence, does not apply.

Sam Whitman, Jr., Chancellor. Suit by Mrs. L. C. Germain against J. M. Harwell and others. From a judgment for defendants, ■ complainant appeals. The facts are fully stated in the opinion of the court.

Hon. OP. Z. Jones, Chancellor. Bill hy Nettie H. Norris against Norris Burnett, and others. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court. With respect to the question of laches we desire to say first, that if this court is to apply the doctrine of laches to this case it must disregard the decisions of this court which are pointed out in our original brief.

Hon. W. A. Henry, Judge. Suit by J. C. Johnston, revenue agent, against the Jackson Oil & Refining Company. From an order sus: taining a demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McCltjrg, Judge. Suit by Mrs. Eosa M. Cahn against Samuel Wright. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

<p>1. Railroads. Accident at crossings. Negligence. Speed. Appeal and error. Right to allege error. Invited error. Death. Damages.</p> <p>The running of a railroad train within the limns of a city, at a greater rate of speed than six miles an hour, is unlawful and is negligence per se, and where decedent, for whose death suit is brought, would have crossed the railroad track before he was struck, if the train had been running at a rate of speed not ex- ■ ceeding six miles an hour, under the concurrent negligence statute, (Laws 1910, chapter 135), the railroad company was liable for at least a part of the damages, and it was proper for the court to instruct the jury to find for the plaintiff.</p> <p>2. Appeal and Error. Invited error-. Bight to allege error.</p> <p>Where the defendant requested instructions for submission of decedents’ contributory negligence to the jury, and no request was made to charge that decedent was negligent as a matter of law, defendant' cannot object on appeal that an instruction submitting such matter to the jury was granted to the plaintiff.</p> <p>3. Death. Excessive damages.</p> <p>A verdict awarding plaintiff twenty-five hundred dollars in an action for death, is not so excessive as to evince passion and prejudice on the part of the jury.</p>

Hon, F. E. Everett, Judge. Petition for mandamus by Reason Buckner and others against the Riverside Drainage District. From a judgment granting relief as prayed for, defendant appeals. The facts are fully stated in the opinion of the court. The first argument is that section 1 of chapter 270, of the Laws of 1914, is in violation of section 31 of the Constitution of Mississippi, which provides that the right of trial by jury shall remain inviolate.

Hon. N. A. Taylor, Judge. Suit by J. L. McSwain against the Illinois Central Railroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

<p>Appeal from the circuit- court of Leflore county.</p> <p>Hon. Monroe McClurg, Judge.</p> <p>Suit by Cbas. Brooks & Company, against L. W. Gentry. Prom a judgment for defendant, plaintiff appeals.</p>

Hon. C. L. Dobbs, Judge. Suit by R. K. Jayne against W. B. Nash Lumber Company. From a judgment for defendant, plaintiff appeals. On motion to require a' new appeal bond or to discharge the supersedeas, motion sustained and cause dismissed unless a proper appeal bond is executed. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. Suit hy Carrie Dampeer, against Yazoo & Mississippi Valley Railroad Company. Motion to docket and dismiss and for writ of certiorari. Motion sustained and motion for certiorari overruled. The facts are fully stated in the opinion of the court.

Hon. J. S. Hicks, Chancellor. Bill by Jeff Truly, against the Mutual Life Insurance Company of New York. From a decree, complainant appeals and the defendant cross-appeals.

Hon. W. A Henry, Judge. York Scott was convicted of burglary arid appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Suit by Mrs. S. J. Stephens against W. W. Johnson. From a decree for defendant, complainant appeals. This suit was begun in equity by the appellant; the purpose being to cancel a deed to appellee as a cloud upon her title.

Hon. J. J. Ballenger, Judge. S. A. Tomlinson was indicted for issuing a false certificate to a deed with intent to defraud. Prom a judgment sustaining a motion to quash the indictment, the state appeals. The facts are fully stated in the opinion of the court. I respectfully ^submit that the grand jury having returned the bill into court in the regular manner, no evi-' dence could be introduced for the purpose of impeaching its action under the circumstances.

Hon. F. E. Everett, Judge. Alf Brown was convicted of crime and appeals. The facts are fully stated in the opinion of the court. Held: “The testimony of a witness cannot be corroborated by proof that he testified in the same way on a previous trial of a case in the absence of all showing that he then swore differently.” In the Washington case the witness was corroborated by another.

Hon. Gf. A. McLean, Judge. Suit by W. T. Scarbrough against Gr. W. Davis. From a judgment foi plaintiff, defendant appeals. This is an appeal from a judgment of the lower court directing a verdict for appellee, who was plaintiff below The suit is based on a note, which is as follows: “$312. “By the first day of November, 1909, we promise to-pay to Will Scarbrough the sum of three hundred and twelve dollars, with ten per cent, interest from 4th day of April, 1908.

Hon. N. A. Taylor, Judge. Will Clark was convicted of selling intoxicating liquors, and appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Daisy Clark was convicted of unlawful retailing and appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit by D. H. Pittman, against the Western Union Telegraph Company. • From a judgment for plaintiff, defendant appeals. ■ The facts are fully stated in the opinion of the court.

Hon.-, Judge. Action by Mrs. M. A. Goehns and others against N. F. Wallace, and others. On motion to reverse and to expunge from the record certain portions thereof, dismissed. The facts are fully stated in the opinion of the court.

Hon. C. L. Dobs, Judge. Replevin by A. L. Parker against J. K. Gillis, and others. Prom a judgment for defendant, plaintiff appeals.

Hon. Paul B. Johnson, Judge. Susie Powell was convicted of selling intoxicating liquor and appeals. The facts are fully stated in the opinion of the court. Appellant insists that this case should be reversed and remanded, as she was not accorded a fair and impartial trial. She especially urges that the third assignment of error is well taken.

Hon. J. L. Buoklby, Judge. William Warren was convicted of grand larceny and appeals. The facts are-fully stated in the opinion of the court. - - ' Section 14-28 of the, Code of 1906, with its exceptions-to the common-law rule does not cure the error complained of in this case. The indictment does not allege the crime to have been committed at a subsequent date' and if it did, here is a crime committed, if committed at all, after the indictment was returned.

Hon. W. H. Hughes, Judge. Paul Gentry was convicted of assault and battery and appeals. The facts are fully stated in the opinion of the Gourt. Appellant asked the court to instruct the jury for the defendant: “That the defendant at the outset of the trial is presumed to be an innocent man. He is not required to prove himself innocent or to put any evidence át all upon that subject.

Appear from the circuit court of Forest county. Hon. Paur B. Johnson, Judge. Jim Gordon was convicted of vagrancy as a common gambler and appeals. The facts are fully stated in the opinion of the court.

Hon. H. C. Mounger, Judge. Action ^by W. M. Brown and others, trustees of the King David Baptist Church of Vicksburg, Mississippi, against the city of Vicksburg and the Mississippi Lumber Company. From a judgment for defendant, both sides appeal. Appellants, trustees of the King David Baptist Church of Vicksburg, Mississippi, filed suit for three thousand dollars damages against the city of Vicksburg and the Mississippi Lumber Company.

LIon. W. A. Alcorn, Judge. J. M. Beal was convicted of selling intoxicating liquors and appeals. The facts are sufficiently stated in the opinion of the court. The jurisdiction of a justice of the peace is limited to the bounds of his district. Code 1906, section 2749. A cause appealed from the justice of the peace court is tried de novo in the circuit court and the circuit court has the same jurisdiction as the justice court had.

Hon. Claude Clayton, Judge. Habeas corpus by Elmer Goree to procure his release from a commitment for failure to give a bond to keep the peace. Prom an order releasing the prisoner, the state appeals. The facts are fully stated in the opinion of the court.

Hon. J. B. Eckles, Judge. Luther Jones was convicted of the unlawful sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. H. L. Eckles and others were convicted of keeping a gambling game, and appeal. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Bill by South Georgia Mercantile Company, against G. Y. Toms and others. From a judgment dismissing the bill, complainant appeals. By an act of the legislature of 1912 (approved February 24,1912) the contract rate of interest in Mississippi was reduced from ten per cent, per annum to eight per cent, per annum. Chapter' 229, Laws of 1912.

Hon. C. L. Dobbs, Judge. Anse Howard was convicted of petty larceny and appeals. The facts are fully stated in the opinion of the court.

Hon. G. G. Lyell, Chancellor. Petition by Mrs. Ada Magee, against J. J. Chrisman. From a decree in favor of petitioner for part of the relief demanded, defendant appeals and petitioner cross-appeals. The facts are fully stated in the opinion of the court.

Hon. C. L. Dobbs, Judge. Appeal from the circuit court of Leak county. Hubert Brooks was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Heinriy, Judge. Suit by G. L. Harris against the Illinois Central Railroad Company and others. Prom a judgment for plaintiff, defendants appeal. This is an appeal from a judgment for personal injuries. The opinion states the facts.

Hon. R. R. Jackson, Judge. A. G. Felder was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. Teat, Judge. Chester Jeff coat was convicted of a crime and appeals. The facts are sufficiently stated in the opinion' of the court. The state, over the protest of appellant, was permitted by the trial court to bolster its witnesses, after the defense had attacked his testimony by prior inconsistent statements and conduct, by showing that at other' prior times this witness had made statements in accord with the testimony he was then giving.

Hon. W. A. Alcorn, Judge. Will Hunt was convicted of murder and appeals. Appellant was convicted of the murder of his wife, and sentenced to the penitentiary for life. There 'were no witnesses to the killing except the defendant himself. Immediately, after the gunshot appellant gave the alarm that his wife had shot herself. She was found with the wound entering her head, the shot having taken an upward range.

Hon. H. C. Mounger, Judge. Suit by the Producers Cotton Oil Company and others against the Alliance Insurance Company of Philadelphia. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Suit for partition by A. J. Yinson and others against Fannie M. Watson and others. From a decree ordering a sale for partition the defendants appeal. The assessments of lands in Holmes county for 1875 was unassailably good by the action of the board of supervisors of the county in 1875 and 1-876, faithfully complying with the provisions of the curative Acts of 1875’ and 1876 (July 31, 1875; February 26, 1876).

of Lincoln county. Hon. D. M. Miller, Judge. Separate actions between J. W. Magee and Lincoln county and C. M. Brister and others were filed. From a judgment against him, J. W. Magee appeals. Motion to advance appeals for hearing or preference cases overruled. The facts are fully stated in the opinion of the court.

Hon. N. A. Taylor, Judge. , Suit by Molly Ford and others against the Illinois Central Railroad Company. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court. In the course of the trial, various points were presented; hut the controlling one, and'that on which we shall insist, was the violation of the six-mile statute, and its effect in this case.

Hon T. B. Watkins, Judge. Suit by the Cleveland State Bank of Cleveland against J. B. Lee and others. From a judgment for plaintiff, defendants appeal. Appellee began this suit by declaration in the circuit court, by which he sought to recover the penalty in a bond executed by one J. H. Lee, upon which appellants were sureties. J. H. Lee was in the cotton business at Cleveland, Mis^., and, desiring accommodation at the Cleveland State Bank, frequently overdrew his account.

Hon. J. I. Ballenger, Judge. Suit between J. C. Johnson, State Revenue Agent, and the Harrison Naval Stores Company. Held: “That this fiction can only be invoked where convenience or justice' requires it. ’ ’ Says the court in that case: “The fiction or maxim, ‘Mobilia Personam Sequuntur, is by no means universal application. Like other fictions, it has its special uses. It may 'be resorted to when convenience or justice so require.

Hon. T. B. Watkins, Judge. Garnishment by H. K. Mulford Co. against A. H. Jamison. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Denying the right to answer for the first time in the circuit court is to all intents and purposes denying the garnishee the right to appeal from a judgment by default because if he cannot answer in the circuit court, an appeal would be worse than folly as no possible relief could be had.

Hon. J. Q. Robins, Chancellor. Proceedings by M. A. Powell and others against the Tuscumbia Drainage District for allowance of compensation and expenses as drainage commissioners. Prom a decree of the chancellor fixing the compensation and expenses, the commissioners appeal. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. On motion to reinstate appeal after the same had been dismissed on account of failure of the stenographer to file a transcript of his notes in time.

Hon. P. B. Johnson, Judge. Eosa Pederee was convicted of the unlawful sale of intoxicating liquor and appeals. The indictment upon which appellant was tried alleged that she “did unlawfully sell and retail intoxicating liquors.” Evidence of several sales alleged to have been made prior to the date laid in the indictment was introduced. It is contended by appellant that the state should have been confined to one particular instance.

Hon. Joe May, Special Chancellor. Suit by the Yazoo & M. Y. B. Company against T. Gr. James and others. From an interlocutory decree, plaintiff appeals. Heard on motion to dismiss appeal and to discharge the supersedeas. ■ The facts are fully stated in the opinion of the «court.

Hon. D. M. Miller, Judge. Suit by H. H. Barlow against the Grand Lodge of Colored Knights of Pythias. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Appear from the circuit court of Lamar county., Hon A. E. Weathersby, Judge. Mandamus by G. W. Whidden against A. Q. Broadus, County Superintendent of Education. From a judgment denying the relief prayed for, the plaintiff appeals.

Hon. D. M. Miller, Judge. Suit by A. C. Cato against tbe Cbrystal Ice Company. Motion to strike bill of exceptions from tbe record. Tbe facts are fully stated in the opinion of tbe court.

Hon. T. L. Lamb, Chancellor. Bill by Forest Prather against J. D. Googe, sheriff, and tax collector. From a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. P. Heidelberg, Special Chancellor. Petition by John C. Stevens, administrator of J. B. Stevens, deceased, against D. R. Dunlap Mercantile Company. From a decree of dismissal, rendered on ■sustaining a demurrer to the petition, petitioner appeals. The facts are fully stated in the opinion of the court. Since the appellant has filed its brief in this case, the •decision in the case of Cohn v. McClintock, 66 So. 217 has been rendered.

Hon. Sam Whitmian, Chancellor. Suit by Will Carstarphen as administrator, and others against H. C. Jones and others. From a decree dismissing the complaint, plaintiff appeals. Appellants filed a bill in chancery against appellees for the purpose of quieting title to certain lands described in the bill.

Hon. N. A. Taylor, Judge. Prank Pope was convicted of unlawful selling of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Celia Johnson was convicted of the unlawful sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court.

Hon. N. E. Jackson, Judge. Mayor Davis was convicted of embezzlement and appeals. This is an appeal from a conviction of embezzlement. The opinion states the facts. Among other errors assigned, it is claimed that the third instruction requested by the defendant should have been given.

Hon. F. B. Watkins, Judge. Dan Holliday was convicted of the unlawful sale of intoxicating liquors and appeals. The facts are fully stated in the opinion of the court..

Hon. P. Z. Jones, Chancellor. Bill by Miss L-etitia King administratrix of Charlie ,L. King, deceased, against Mrs. Mary N. Miles and •others. From a decree for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., 'Judge. Suit by Percy B. Bussell against H. Lupkin & Sons, judgment for plaintiff and defendant appeals. Thereafter, plaintiff’s motion for leave to amend the sheriff’s return of service of process having been overruled, plaintiff applied for a writ of certiorari, order reversed, and the canse with respect to the motion remanded. The facts are fully stated in the opinion of the court.

Hon. J. D. Carr, Judge. Appeal by John F. Williams and others from a judgment of the circuit court, affirming orders of the hoard of supervisors of Banldn county. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Chancellor. •• Suit by R. T. Terry against unknown heirs of John D. Gibson. Judgment for defendant and plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit between tbe grand court of Calantbe and Henry B. Baskin. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. Claude Clayton, Judge. Suit by the Quartette Music Company against J. L. Haygood and another. Held: that, “that kind of plunder which holds onto the property, hut pleads the doctrine of ultra vires against the-obligation to pay for it, has no recognition or support in the laws of this state.” Can it he said that an agent of a foreign corporation, failing to file a copy of its charter, can embezzle the-funds coming into his hands as…

Hon. F. E. Everett, Judge. M. B. Grace was convicted of contempt and appeals. The facts are fully stated in the opinión of the court. Held: the court may act oil its own motion and make the accusation. It must be in writing, and set forth facts sufficient to constitute an offense. State v. Freio, 24 W. Ya. 416, 49 Am. Rep. 257. The statement, affidavit, indictment or information, being jurisdictional, should show on its face sufficient facts constituting the contempt.

Hon. P. B. Johnson, Judge. Suit by the Hicks Merchantile Company against John Musgrove. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the ¿pinion of the court.

Hon. W. A. Henry, Judge. Mandamus by the state, on relation of J. H. Howie, district attorney, against R. L. Benson. Judgment for respondent and the státe appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit hy Joseph Lucas a minor, hy Mrs. M. E. Glascoe, his next friend, against the J. J. Newman Lumber Company. Judgment for plaintiff and defendant appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Kimbrough, Chancellor. Suit by Jno. T. Sowell and others against Matt. T. So-well and others for partition. Decree for partitition and -defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. G. McG-owen, Chancellor. Suit by S. W. Pegram against the West Hatchie and! Owl Creek Drainage District. Prom a decree for defendant, plaintiff appeals. The facts are fully stated- in the opinion of the court. The authority of the legislature to establish a court which is not specifically provided for in the constitution was questioned in the case of Thomas v. State, 5 Walker 20.

.. Hon. J. L: Buckley, Judge. ,W. B. Pringle was, convicted of murder and appeals. The evidence upon which appellant was convicted is-entirely circumstantial. It was the theory of the state that robbery was the motive of the crime, as the evidence .showed that the deceased was robbed of some; money.

Hon. P. B. Johnson, Judge. Suit by Benton Nix, a minor, by his next friend, E. C. Nix, against the Lindsey Wagon Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Allen Thompson, Special Judge. T. M. Freeman was convicted of receiving a deposit in an insolvent bank and appeal’s. The facts are fully stated in the opinion of the court.

. Hon. R. -E. Sheehy, chancellor. Suit by.J. C. Buchanan and another against Barnes & Company. From a judgment for plaintiff overruling' a demurrer to the complaint, defendants appeal. The facts are- fully stated in the opinion of the court..

Hon. Monroe McClurg, Judge. Suit by tbe American Trust & Savings Bank against E. H. Perkins. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. Monroe McClurg, Judge. Suit by Barrett Grocery Company against the Western Union Telegraph Company. From a judgment for defendant, plaintiff appeals. This case was begun by the appellant in the court of a justice of the peace for the sum of one hundred and fifteen dollars and .twenty cents. On a trial de novo in the circuit court, a peremptory instruction was granted to the defendant, who was appellee here, and this appeal is prosecuted.

Appeal, from the circuit court of Marion county. Hon. A. E. Weathersby, Judge. Suit by tbe Forbes Piano Company ag’ainst L. Hennington. From a judgment for defendant, plaintiff appeals. The facts are fully stated in- the opinion of the court.

Hon. H. C. Mounger, Judge. Suit by Martha James, by next friend, against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Motion for written opinion on affirmance of judgment. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Chancellor. Suit by Annette Currie against J. F. Bennette, administrator of B. I). Currie, deceased. From a decree-granting insufficient relief, plaintiff appeals. On motion to dismiss. The facts are fully stated in the opinion of the court.

Hon. W. A. Shipman, Special Chancellor. Bill by Mrs. Mary P. Crane and another against the Hattiesburg Trust & Banking Company and the Watkins Machine & Foundry Company. From a judgment sustaining demurrers to the cross-bill .of J. C. Magruder, trustee in bankruptcy, he appeals. The facts are fully stated in the opinion of the court.

Hon. H. C. Mounger, Judge. Suit- by Henry Scott against the Yazoo & Mississippi Valley Railroad Company.

Hon. F. E. Everett, Judge. Quo ivarranto by T. E. Mortimer, District Attorney, against J. L. Haley. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The final contention of the state is that appellant vacated the office of member of the board of supervisors when he took the oath of office and qualified as a member of the board of levee commissioners.