Volume 109 — Mississippi Reports

Hon. C. L. Dobbs, Judge. Suit by Mrs. Etta McKinney against the Western Union Telegraph Company and others. From a judgment for plaintiff, defendant appeals.

Hon. W. H. Hughes, Judge. Suit by the Magee Warehouse Company against the Gulf & Ship Island Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. N. A. Taylor, Judge. Suit by James Ruffin against A. J. Page. Prom a juudgment for defendant, plaintiff appeals. Motion to strike stenographer’s notes from the record. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by John L. Richmond against I. C. Enochs. Judgement for defendant and plaintiff appeals. The facts are fully stated in the opinion of the court. Bills of exception were unknown at common law, and are founded on the statute of 'Westminster 11. V. & M. B. B. Go. v. Bagsdale, 51 Miss. 447; Van Burén v. State, 24 Miss. 512, 514.

-Hon. P. E. Everett, Judge. T. J. Phillips was convicted 'by a justice of the peace of unlawfully carrying liquor into a social club; on appeal a demurrer was sustained to the affidavit and the state appeals. The facts are fully stated in the opinion of the court.

Hon. Sam C. Cook, Judge. Suit by the Consumers ’ Ice & Power Company 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. A. E. Wea.thersby, Judge. Suit by Geo. W. Jarrell against the New Orleans & Northwestern Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. A. E. Weathersby, Judge. Petition by J. A. Broom & Son against F. R. Polk, in which S. S. Dale & Sons intervene. From a judgment for interveners, petitioners appeal. The facts are fully stated in the opinion of the court.

Hon. D. M. Russell, Chancellor. Suit by Mrs. D. B. Berry against Mrs. J. P. Brown. Motion to require a stenographer to file a transcript of the evidence taken before a court of chancery and for an extension of time for filing same. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by J. W. Gentry against the Gulf & Ship Island-Railroad Company. From a judgment for defendant rendered on a trial after granting a‘new trial after judgment for plaintiff, he appeals. Judgment in second trial reversed and cause remanded, but verdict in first trial not reinstated. The facts are fully stated in the opinion of the court.

Host. T. A. Wood, Chancellor. Bill by R. B. Bellew against- R. J. Williams. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. L. M. Burgh, Special Judge. Earl Martin was convicted of burglary and appeals. The facts are fully stated in the opinion of the court. The court erred in turning the case over to the jury on Saturday evening with instruction to return their verdict to the clerk, and I call especial attention to the action of the court on the next Monday morning.

' Hon. Fred Montgomery, Special Judge. Ed Lucas was convicted of murder and appeals. The instructions referred to are as follows: No. 4: “To make out a case of self-defense four essential conditions are necessary: First. The party assaulted or seriously threateneed must not have brought about the difficulty. Second.

Hon. F. E. Everett, Judge. Robt. Mitchell was indicted for selling cotton subject to a landlord’s lien and from a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. Teat, Special Judge. M. Berbette was convicted of larceny and appeals. The facts are fully stated in the opinion of the court. Held: as in cases cited hv appellant, that an employee is subject to challenge for cause simply by virtue of the relationship, hut in criminal cases, where the state is plaintiff, it should not he held to he error per se in permitting such juror to serve on the jury after he takes the prescribed oath of a juror, and the mere fact that he…

Hon. J. M. Arnold, Special Chancellor. Suit by Mississippi Central Railroad Company against the Hattiesburg Traction Company. From a decree dissolving a temporary injunction, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Suit hy Calvin Roby and another against T. H. Allen. Prom a decree granting a perpetual injunction, defendant appeals.

Hon. Sam Whitman McLaukin, Judge. Suit for injunction by S. S. Rhodes against Gr. O. Robinson, as Tax Collector. Demurrer to complaint sustained and complainant appeals. The facts are fully stated in the opinion of the court. ,

Hon. E. N. Thomas, Chancellor. Bill by Marguerite Foote against the Grand Lodge of Colored Knights of Pythias. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court. We desire only to especially refer to cases cited by appellee. Grant v. Independent Order Sons and Daughters of Jacob, 52 So. 698-, the first case referred to, did not involve the question now at issue.

Hon. J. C. Ward, Special Judge. A. T. Longino and otters were indicted for a crime. A demurrer to the indictment was sustained and the state appeals.

Hon. O. L. Dobbs, Judge. Suit by J. W. Gillaspy, trustee in bankruptcy of tbe Decatur Hardware Company against tbe International Harvester Company of America. From a judgment for defendant, plaintiff appeals. Appellant was plaintiff in tbe court below, and appellee was defendant. From a judgment for defendant, plaintiff appeals.

<p>1. Master and Servant. Injury to servant. Negligence. Safe place to work. Failure to warn of perils. Personal injuries. Medical attention.</p> <p>Where a section hand of a railroad company was engaged in replacing old rails with new ones and while pulling out the spikes in the old rail with a clawbar, one of the spikes gave way suddenly, and he fell to the ground mashing his fingers against one of the new rails distributed along the track, he was not entitled to recover damages on account of a failure to furnish him a safe place to work, since the place was not unsafe because of the presence of the new rails, nor was the company required to give any warning as to damages which were ordinary hazards, patent to the average man or easily discoverable by ordinary care.</p> <p>2. Master and Servant. Personal injuries. Medical attention.</p> <p>Where a railroad employee, when injured, placed himself under the care of one of the district surgeons of the hospital department of the railroad, and received from him medical and surgical treatment in his home town, and there is no proof that this surgeon was incompetent, and it does not appear from the proof ' that he failed to give proper attention to the case and no unreasonable delay is shown in furnishing the transportation and sending him to the hospital, in such case the injured employee cannot recover damages from increased suffering due to failure to receive proper medical attention.</p>

Monroe McClurg, Judge. Suit by V. P. Messina 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. M. E. Denton-, Chancellor. Suit by the board of levee commissioners for the Ya-zoo-Mississippi Delta against W. H. Powell, receiver of the Bank of Tunica. Prom a decree sustaining a demurrer to the petition, plaintiff appeals. The facts are fully stated in the opinion'of the court.

Hon. O. B. Taylor,, Chancellor. Suit for divorce by Stella Franklin against Ed. Franklin, with cross-bill by defendant. Held: in the case of Holmes v. Holmes, 474, as follows: “Proof of adultery on the part of the wife is a bar to her claim for alimony.” Solicitors for appellee are mistaken when they say in their brief on this petition that “the weight of authority is in favor of this court allowing alimony in a case of this kind on appeal,” and they are…

Hon. J. A. Teat, Judge. Suit by Mrs. Monie W. McDonald against the Sovereign Camp Woodmen of the World. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. E. J. Marley was convicted of murder and appealed and the attorney-general filed a motion for an order directing the issuance of process for accused’s arrest pending the appeal, on the ground that an order admitting him to hail was void. Motion sustained. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit by Mamie Harris against the Grand Lodge of Colored Knights of Pythias. From a judgment for plaintiff, defendant appeals. Held: “It is clear from the adjudications of this court that Mr. Wherry had the right at any time to change the beneficiary in his certificate and that no one could complain of it,” citing Carson v. Bank, 75 Miss. 167.

Hon. D. M. Miller, Judge. Suit by J. M. Magee against Lincoln County. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. G-. Gr. Lyell, Chancellor. Suit by J. M. Magee against C. M. Brister and others. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by E. T. Guin against the St. Louis & San Francisco Railroad Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment for ten thousand dollars for injuries received by appellee while in the employ of the appellant railroad company. The opinion states the facts.

Hon. O. B. Tatlor, Judge., Suit by Illinois Central Railroad Company against E. S. Middleton,. Sheriff and Tax Collector. From a judgment dismissing the cause on demurrer, plaintiff appeals. The facts are -fully stated in the opinion of the court.

Hon. M. E. Denton, Chancellor. Suit by James E. Humber against Lotta E. Humber. From a decree for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. C. Mounger, Judge. Suit by N. Sebulsky 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. L. Buckley, Judge. Suit by Mrs. Maria Y. Shannon against the Alabama Great Southern Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Bucklet, Judge. Suit by D. A. Carney and others against the Alabama & Great Southern Railroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit by William Dever against William Anderson. Judgment for plaintiff and defendant appeals. The facts are fully stated in the opinion of the court. The peremptory instruction on the attachment issue, asked by appellant, should have been granted.

Hon. W. A. Henry, Judge. Proceedings by M. K. Lammons and others against the board of supervisors of Yazoo county. Prom a judgment of the circuit court approving an order of the hoard which declared the stock law in force in a certain district, Lammons and others appeal. The facts are fully stated in the opinion of the court.

<p>Appeal from the circuit court of Tallahatchie county.</p> <p>Hon. N. A. Taylor, Judge.</p> <p>Motion to correct judgment. See 67 So. 856.</p>

Hon. J. M. Cashin, Judge. Suit by Ida Luckett against the Town of Belzoni. From a judgment- for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Appellee should not recover because payment was voluntarily made under a mistake of law. The mere fact that appellee paid the fine while under arrest does not constitute such duress as to entitle recovery.

Appeal- from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Mrs. M. A. Grace against the Southern Express Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We submit that instead of a peremptory instruction having' been given in behalf of appellee, directing a verdict and judgment in her behalf, the peremptory instruction asked by the appellant should have been given.

Hon. Claud Clayton, Judge. Suit hy J. F. Barnes as administrator de bonis non, against Amanda Barnes. * From an order denying leave to amend, plaintiff appeals. The facts are fully stated in the opinion of the court. There was error in the action of the court in sustaining appellee’s objection to the reading of the note to the jury, and in refusing to allow appellant to amend his suit so as to sue for the value of the mare, and in giving a peremptory instruction for appéllee.

Hon. P. B. Johnson, Judge. Mrs. W. B. Bacot was convicted of violating an ordinance of the city of Laurel, and appeals. The facts are fully stated in the opinion of the court. The city ordinance in question is a blanket ordinance and by its terms expressly seeks to make all violations of the penal law of the state, misdemeanors and felonies alike, offenses against the city.

Hon. J. D. Carr, Judge, Suit by John F. Williams and others against the board of supervisors of Rankin county. Held: and held properly, that every presumption must be indulged against the minutes of the board of supervisors, even on a collateral attack, and, therefore, would indulge a presumption in the case that where two methods might be used under certain circumstances, in making the advertisement, the board liad adopted the wrong one.

Hon. F. E. Everett, Judge. Fannie Robinson was convicted of selling intoxicating liquors, after conviction for two former similar offenses and appeals. The facts are fully stated in the opinion of the court. By acts of 1912, chapter 214, page 289, the penalty for unlawful retailing for third offense was fixed at imprisonment in the state penitentiary.

Hon. C. L. Dodds, Judge. Ben Riley was convicted of murder and appeals. Reversed, and defendant discharged.

Hon. H. K.'Mahon, Judge. ■ Suit by the board of áldermen of the town of Blue Mountain against the board of supervisors of Tippah county. From a judgment for defendant, plaintiff appeals. Held: in effect, that instead of chapter 150' repealing section 4469, the two should be taken together in order to provide a complete and satisfactory scheme for the raising and distributing of the funds derived from an ad valorem road tax.

PIon. Monroe McClurg, Judge. Suit by the Brinly Hardy Company against the Schlater Mercantile Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit by Abe Randolph against the Atlantic Horse Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

<p>1. Witnesses. Competency. Cure of incompetency.</p> <p>Where a husband joined his wife in a conveyance of her property, he cannot, in an action against the heirs of the grantee who bad died in the meantime, testify in his own behalf that the grantee’s holding to a certain line was merely permissive.</p> <p>2. Witnesses. Compentency. Cure of incompetency.</p> <p>Where a husband and wife conveyed land of the wife to defendant’s ancestor, and the grantee entered and held possession, and after the death of both the wife and the grantee, the heirs' of the wife, one of whom was the husband, instituted an action against the heirs of the grantee to recover land of which it was ■ claimed the grantee, had only - permissive use. In such case where the testimony of the husband of the grantor to that effect was excluded because of his incompetency, his subsequent release of any claims to the land could not, under the present code, thereafter make him competent.</p>

Hon. N. A. Taylor, Judge. Suit by H. L. Nixon and others against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals'. The facts are fully stated in the opinion of the court. The statute requires the verdict to he reduced in proportion to the amount of negligence attributable to the person injured, and when, in instruction 11, the defendant undertook to tell the jury how this should be done the court would not give the instruction.

Hon. Claude Clayton, Judge. Suit by F. D. Carter against H. E. Reynolds, executor. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. H. K. Mahon, Judge. Suit hy H. H. Fowlkes against W. H. Hardin. From a judgment for plaintiff for an insufficient amount he appeals. Appellant, plaintiff in the court below, filed suit against appellee, a member of the partnership firm of Creighton & Hardin, who were engaged in the retail drug business. This firm employed appellant as a clerk, and afterwards the partnership was dissolved, and appellant was left without a position.

Hon. Monroe McClurg, Judge. Suit by N. D. West against Mrs. G. Y. Kitchell. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The legal wrong committed by defendant consisted in her failing, refusing and neglecting to deliver plaintiff into the quiet and peaceable possession of the premises which she had let to him. It was a breach of her covenant for the quiet enjoyment and peaceable possession.

Hon. N. A. Taylor, Judge, Suit by Jerry Robinson against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. This suit was instituted in the court below by appellee against appellant to recover damages for the killing of a dog alleged to have been the .property of appellee. On the trial appellee testified that he was the owner of the dog killed.

Hon. P. B. Johnson, Judge. Suit by S. J. Catts against the New Orleans & North Eastern Railroad Company. Prom a judgment for plaintiff, defendant appeals. On motion to strike from the record the transcript of the stenographer’s notes and to dismiss. Motion denied. The facts are fully stated in the opinion of the court. This case falls squarely within the rule announced by the court in the very recent case of Yazoo é Mississippi Valley Railroad Company v. Dampeer, 66 So. 814.

Hon. A. T. Woodward, Chancellor. Suit by town of North Carrollton and' others against the town of Carrollton. From a decree refusing to dissolve a temporary injunction and making the injunction perpetual, defendant appeals.

Hon. W. H. Hughes, Judge. Tom Simmons was convicted of murder and appeals. The facts are sufficiently stated in the opinion of the court. The attorney-general says that when the defendant was arraigned he waived a special venire and that the court afterward asked him if he desired one. The record does not support hut contradicts both statements.

Hon. D. M. Bussell, Chancellor. 'Suit by D. C. Griffth and others against J. J. Bourn and others. From two interlocutory decrees, Griffth appeals to settle the .principles of the case and Bourn moves to dismiss. Motion sustained and appeal dismissed. The facts are sufficiently stated in.the opinion of the court.

Hon. J. M. Stevens, Chancellor. Suit Toy Estelle H. Durham and others, against H. Weston Lumber Company! Prom, a decree for complainants, defendants appeal. Held: as did the chancellor below, that the rule laid down in the Howie v. Alford - case is controlling in this, then this case is presented to the court with the hope and belief that the Howie v. Alford case will not be longer followed.

PIon. Paul B. Johnson, Judge. Appeal by Mrs. E. I. McSwain, administratrix, against Steve Cephus, begun in justice court and appealed to circuit court. The writ was there quashed and from an order denying leave to amend, plaintiff appeals. The facts are fully stated in the opinion of the court. The objection made by the appellee is in every sense highly technical.

• ' Hon. A. E. Weathebsby, Judge. Action by the Trexler Lumber Company against the board of supervisors of Jefferson Davis county. From a judgment for plaintif, defendant appeals. The facts are fully stated in th'e opinion of the court. In the case of Hancock County v. John W. Simmons, 86 Miss. 302,. we have a full and complete adjudication of the principles of law underlying the case at bar.

Appear from the circuit court of Jackson county. Hon. T. H. Barrett, Judge.- Suit by Dr. C. (x. McEach'ern against the Pascagoula Street Bailway & Power 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 Tally & Mason against the New Orleans & North Eastern Railroad Company. From a judgment for plaintiff, defendant appeals.

Hon. A. E. Weathersby, Judge. Mandamus by the íjerbon Bank against Lawrence county, to require the .board of supervisors to levy a special tax to pay warrantsr issued by them. A demurrer to the petition was sustained, and petitioner appeals.

Hon. J. M. Stevens, Chancellor. Suit by the board of mayor and aldermen of the town of Waveland against Chas. Gr. Moreau and others, commissioners of Sea Wall District No. 1, Hancock county for an injunction. Prom a dismissal of the bill, plaintiffs appeal. The facts are fully stated in the opinion of the court. Appellants contend that said law is unconstitutional.

Hon. M. E. Denton, Chancellor. On suggestion of error, sustained, decree of lower court reversed, demurrer to bill overruled and appellee… Held: in discussing the general principle, independent of the statute, which had not been then enacted, that as to the general assets • of the Bank of Greenville, the tax collector was not entitled to relief upon the facts stated in the petition, because it was not shown that the funds deposited by the tax collector at that time formed a…

<p>Appeal from the circuit court of Lamar county.</p> <p>Hon. A. E. Weathersby, Judge.</p>

Hon. D. A. McIntosh, Special Judge. Suit by A. C. Duckworth against W. H, Harris and Covington county. From a judgment for plaintiff, defendants appeal. The facts are these: Harris had entered into a contract with the county of Covington for the construction of a public road, and in the course of its performance he sublet a portion of the work to Duckworth'.

Hon. J. M. Stevens, Chancellor. Suit by T. G-. Hibbler against W. R. Clark. Prom a decree overruling a demurrer to the bill of complaint, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. R. E. Sheehy, Chancellor. Suit by Jefferson Davis county against B. Gr. Burkett and another. From an interlocutory decree sustaining demurrers ,to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

- Hon. W. H. Hughes, Judge. Suit by M. L. Parker against the Gilchrist-Fordney Company. From a judgment for plaintiff, defendant appeals.

Hon. R. E. Sheehy, Chancellor. Suit by R. Regan against Fannie Coleman. From a decree dismissing tlie bill, complainant appeals. In 1895 R. R. Herring, now deceased, was tbe owner of numerous lands in Marion county. On the 5th day of April, 1895, while on his- deathbed, R. R. Herring executed the instrument set out below, and died soon after: “State of Mississippi, County of Marion. “I, R. R. Herring make and declare this to be my last will.

Hon. T. H. Barrett, Judge. Suit by tile state of Mississippi to tbe use of Wm. Kelly, against F. P. Lizana and otters. Ffoin a judgment for plaintiff, defendant Lizana appeals. William Kelly owed Igansus Fava a grocery bill, the balance of which, after certain credits, was past due, Fava, hearing that Kelly intended leaving the city, turned the account over to Justice of the Peace F. P. Lizana for collection by civil process on a fifty per cent, contingent basis.

Hon. E. E. Brown, Judge. Suit by Armour Packing Company of Louisiana Limited, against the Planters’ Mercantile Company, begun in a justice of… Held: that where a note in bank for collection was paid by check received as money, drawer of check having ample funds on deposit, the maker of the note was discharged, although the bank was insolvent and known by its officers to be insolvent and on its own application passed into the hands of a receiver on the day it remitted for…

Hon. J. B. Holder, Judge. Suit by John Grimm against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. Held: that the motion be overruled. Following is appellee’s motion to dismiss the appeal: “Comes John Grimm, appellee in the above styled cause, and moves the court to dismiss the same, for the following reasons, to wit: That on the second day of April, 1914, he filed suit in the circuit court of Copiah county, Miss., against the…

Hon. P. B. Johnson, Judge. Suit by A. K. McInnis and another against the New Orleans & North Eastern Railroad Company. Held: First, that to require the railroad company to .incur expense in constructing a side track was unquestionably to take its property, and that too whatever may be the speculations as to ultimate returns for the outlay; Second, that railroads are property (although owned by a corporation) protected by the Constitution, and there are…

<p>Appeal from tbe chancery court of Carroll county.</p> <p>Hqn. A. T. Woodward, Chancellor.</p>

Hon. N. A. Taylor, Judge. Suit by Mrs. Lily Baker Hines against the Supreme Lodge Knights of Pythias. ' Prom a judgment for plaintiff, defendant appeals. Appellee was plaintiff in the court below’and appellant was defendant.. This case was in this court at a former term and was reversed and remanded. The opinion of the court in the former appeal states the facts. See 103 Miss. 374, 60 So. 333.

IIon. H. C. Mounger, Judge. Suit by G. T. Darden against the Liverpool & London & Globe Insurance Company. From a judgment for plaintiff for an insufficient amount, he appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Miller, Judge. Suit hy the Topeka Mercantile Company against the Brookha.ven Syrup Company, in which' F. Y. Becker and others appeared as claimants. From a judgment for plaintiff, claimants appeal.

Hon. P. B. Johnson, Judge. Suit by C. M. Palmer against Bixler for brokers commissions, wherein J. C. Magruder, trustee in bankruptcy intervened. From a judgment for plaintiff, the trustee appeals. One Bixler, a newspaper publisher, employed C. M. Palmer, as broker, to dispose of his (Bixler’s) stock of ten thousand eight hundred dollars in the Hattiesburg News Publishing Company, with paid-up capital of twelve thousand dollars.

Hon. N. A. Taylor, Judge. Edmond Anderson was convicted of unlawfully acting as agent in effecting an unlawful sale of intoxicating liquor, and appeals. The facts are fully stated in the opinion of the court. After all the evidence was in, defendant asked a peremptory instruction which the court refused, this third assignment of error.

Hon. H. C. Motjnger, Judge. Suit by Lee Line Steamers against American Export Company. From a judgment for defendant, plaintiff appeals. Motion to strike stenographer’s notes from the record sustained. The facts are fully stated in the opinion of the court.

LIon. A. E. Weathersby, Judge. A. L. McLean and others were indicted for receiving deposits in an insolvent bank. From an order sustaining a demurrer to the indictment the state appeals. Held: as appellee contends, that the provision of section 1169, of the Code, has been repealed thereby, the action of the lower conrt was correct, bnt if on the contrary, as the state contends, section 1169, of the Code, was not repealed, the judgment of the lower court should be overruled.

Hon. D. M. Miller, Judge. Suit by J. J. Thomas against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals.

Hon. A. E. Weathersby, Judge. Suit hy Jonnie Williams against the Gulf & Ship Island Railroad Company. From a judgment for plaintiff, defendant appeals. Motion to dismiss appeal sustained. The facts are fully stated’in the opinion of the court.

Hon. G. G. Lyell, Chancellor. Suit by the state of Mississippi and Lincoln county, on the relation of the district attorney against J. F. Greer, tax collector and the United States Fidelity &… Held: in the event suit was brought for the taxes due and unpaid, for the penalty, by restoring section 4359 to the Code. It is settled in this state that nothing can be added to penal statutes by construction in favor of the penalty.

Hon. W. H. Hughes, Judge. Suit by T. J. Wills and others agaipst Howie Bros. From a judgment for defendant, plaintiff: appeals. Motion to dismiss appeal overruled. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. Action by J. C. Johnson, State Revenue Agent, against R. J. Darnell. From a judgment for plaintiff, defendant appeals.

Hon. H. K. Mahon, Judge. The facts are fully stated in the opinion of the court. An obvious effort of the court to drive the members of the jury into an agreement requires a new trial if they do agree. People of the State of New York v. Sheldon, 41 L. 14. A. 644. The old rule permitting coercion of a jury in order to secure a verdict has been swept aivay and under our present method the independence of the jury is represented. Under People v.. Sheklon, 41 L. 14.

• Hon. D. M. Miller, Judge. Suit by A. C. Cato against the Crystal lee Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. Cassedy, Special Judge. Suit by Gr. W. Wilkins against B. F. Johnson. On defendant’s death, suit was revived against his heirs. From a judgment for plaintiff, defendant’s heirs ■ appeal. The facts are fully stated in the opinion of the court. B. F. Johnson, the defendant, died, leaving Mrs. Serena Johnson as his widow and B. F. Johnson, Jr., and W. F. Johnson, Troy Johnson and Bessie Johnson and Irene Johnson his children and heirs at law.

Hon. P. B. Johnson, Judge. Suit- by W. B. Wimberly against the Ovett Land & Lumber Company. Prom a judgment for 'plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The decision of this ease involves the construction of and liability on an ord'er or check issued by appellant to one of its laborers and held by a third person for collection. It is either a negotiable instrument or special contract.

Hon. M. McCullough, Special Judge. J. E. Simmons was convicted of rape and appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Bill by Mrs. Eva McDaniel Clark against J. M. Walker and another. From a decree for complainant, defendants appeal.

Hon. E. L. Brien, Judge. S. L. Johnson was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. A. Angelo was charged with failing to post anti-tipping act. 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 chancery court of Harrison county. Hon. J. M. Stevens, Judge. Suit by the Calamity Land Company against the Wiggins Turpentine Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. H. K. Mahon, Judge. Suit by J. B. Swords against the National Life Insurance Company. From a judgment for plaintiff, defendant appeals. This is an action for the proceeds of an insurance policy for the sum of three thousand dollars, taken out by the wife of plaintiff (appellee here). The insurance company defends upon the ground that certain statements in the application were not true.

Hon. Sam Whitman, Jr., Chancellor. Suit by the First National Bank of Laurel against Plummer Pearson and others. • From a decree sustaining a demurrer to bill of complaint, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. S. Hicks, Chancellor. Mrs. E. S. Redhead as widow and devisee, filed exceptions to the final account of Jos. Redhead, as administrator with the will annexed of James A. Redhead, deceased. Decree approving and allowing the final account as recast and exceptant appeals. The facts are fully stated in the opinion of the court. The supreme court will not disturb the findings of the chancellor, unless they are manifestly wrong.

Hon. T. H. Barrett, Judge. Suit by W. W. Jones against the Louisville & Nashville Eailroad Company. From a judgment for defendant, plaintiff appeals. Held: where such regulations were adopted and the amounts were limited from two to five dollars change for a five cent transportation, that those regulations were not unreasonable. In common reason and fairness we ask the court how else could the appellant have acted but in the manner in which he did act?

Hon. A. E. Weathers®y, Judge. Suit by John Pace, by next friend, against the Mississippi Central Railroad Company. ..From a .judgment… Held: that the ordinance was not intended to apply to engines used by the companies in moving ears and making up trains át places within their own yards, and in and about their own stations, which were not within the limits of any public street or thoroughfare.” Green v. Delmonre é H. Canal Co., 38 Hun. 51. “The running of a train through…

<p>1. Adverse Possession. Presumption. Lost deed or grant. Persons affecteid. State.</p> <p>Where in a suit to confirm title to land, plaintiff claimed.under a patent from the state issued in 1907, after a sale as forfeited tax lands in 1872 and defendant claimed that the state had parted with any title it had, prior to such patent and showed their claim of title under deeds executed in 1884 and 1890, and that all records of conveyance before that had been destroyed by fire in 1882, and showed their peaceable possession for more than thirty years, accompanied by the usual acts of ownership, such as the payment of taxes, that taxes were paid by private owners on the land from 1875, .that the land was not included in any of the lists certified by the state auditor to the chancery clerk as lands held by the state for taxes. In such case a grant to defendant’s predecessors in title will be presumed and the fact that plaintiff claimed under a forfeited tax patent from the state, added nothing to the validity or force of his claim.</p> <p>2. Adverse Possession. Presumption. Lost deed or grant.</p> <p>A grant from the sovereign may be presumed from the long-continued, peaceable possession of real property, accompanied by the usual acts of ownership, even as against the sovereign itself, in such case defective links in the chain of title will be supplied by presumption and the title declared perfect, and such presumption exist independently of the statute of limitations.</p> <p>3. Adverse Possession. Persons affected. State.</p> <p>On questions arising between the sovereign and the citizen, courts will be disposed, if they can, to apply the same rules that the law applies as between the humblest and most unpretentious private citizens.</p>

Hon. D. M. Miller, Judge. Suit by ft. Q. Allen and others against D. Abrams and another. From a judgment for plaintiff, Abrams appeals. The facts are fully stated in the opinion of the court. , This suit was upon contract for the payment of rent and supplies. The most that the proof shows, so far as appellant is concerned, is that he bought potatoes grown upon the leased premises and on which there was a lien to secure to Allen the payment of Newman’s rent and account.

Hon. P. B. Johnson, Judge. Suit by T. E. Winn against Q-. H. Haliday. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court. If we concede for tbe purpose of this argument that tbe automobile was negligently operated by tbe son as above set forth, is the father liable? If not, appellee’s ease fails, and there should be judgment for appellant here; we therefore discuss this question first.

Hon. J. M. Stevens, Chancellor. Suit by Estelle H. Durham and others against H. Weston Lumber Company. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. L. Buckley, Judge. Suit by Mrs. L. Crook against the City of Meridian. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Held: that a mound of earth about eight inches in height, allowed to remain at the filling over of a trench dug across a street to lay pipe, is not so serious or unusual an obstruction as to indicate negligence on the part of a municipal corporation.

Hon. E. D. Dinkins, Judge. E. J. Marley was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. J. S. Hicks, 'Chancellor. Suit by W. H. Parker against Susie D. McCrohan. From a decree for complainant, defendant appeals. Held: “A valid dedication and acceptance of land for street purposes is not defeated by the fact that the street is not immediately opened for use.” It also seems to he true in this state that neither the vendor nor the vendee of the lots can dispute the dedication or the intention to dedicate where the plot and survey is made and sales…

Hon. Claude Clayton, Judge. Suit by D. H. Gideon against E. C. Thomas & Company and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. E. L. Brien, Judge. John M. Clark was convicted of embezzlement and appeals. Appellant was indicted, tried, and convicted of embezzling funds belonging to the Bank of Hermanville, of which he had been cashier. On the trial he prayed a bill of particulars from the state, which was furnished him; but it is necessary that only two of the items be mentioned.

Hon. P. B. Johnson, .Judge. Suit hy M. D. Adams against Ovett Land & Lumber Company. From a judgment for plaintiff, defendant appeals. Appellee brought suit for damages for injuries received by him while in the employ of appellant, and recovered a judgment for six hundred and fifty dollars from which this appeal is prosecuted. Appellant owned and operated a sawmill. Logs were hauled from the ramps up 'an incline to the saw shed by means of a cable attached to the log car.

AppeaTj from the circuit court of Perry county. Hon. J. M. Arnold, Judge. William Snell was convicted of murder and appeals.

chancery court of Lawrence county. Hon. R. E. Sheehy, Chancellor. Suit by Mrs. Marian Cammack and others for partition. On objection to the confirmation of the sale, H. E. Little moved for an allowance of damages, and on a denial of such motion appeals. The heirs of W. W. Pox, deceased, filed a petition in the chancery court praying a sale of certain lands for partition among the heirs at law.

county. Hon. T. H. Barrett, Judge. Suit by Mrs. Lena Moffett against Dr. B. S. Hood. From a judgment for plaintiff, defendant appeals. This is a suit in which a judgment for damages was rendered in favor of appellee for an alleged breach of a contract on the part of appellant.

Hon. A. Y. Woodward, Chancellor. Suit by C; G-. Bingham and others against W... Í). Woodward and others to enjoin an issue of bonds to purchase a school site, and erect a schoolhouse. Prom a judgment for defendants, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. E. E. Brown, Judge. Suit by Mrs. G-ussie Robertson against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The message, as the court will see, was an interstate message from Natchez, in the state of Mississippi, to New Orleans, in the state of Louisiana, and the rules for awarding damages in any aspect of the case in the two jurisdictions are different.

Hon. E. W. Cutrer, Chancellor. Suit by Mabel Collins and others against Eufus F. Learned and others. From a decree overruling a demurrer to complainant’s bill, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by W. J. Reeves, trustee against Evans Hath-cock, begun in justice of the peace court and appealed by plaintiff to circuit court. There appeal dismissed, and plaintiff appeals. The facts are fully stated in the opinion of the court. The suit was brought by plaintiff to the May term of Justice Lanthrip’s Court, A. D. 1911; when both parties being present the cause was by agreement continued until the July term, 1911.

Hon. B. B. Campbell, Special Chancellor. Suit by J. C. Johnston, State Bevenue Agent, against the Hartford Fire Insurance Company. From a judgment for defendant, the plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit by G-rossman-Winfield Millinery- Company against L. Rubenstein. From a judgment for plaintiff, defen- •• dant appeals. Appellant is a retail merchant doing business in the city of Hattiesburg, and appellee is a corporation engaged in the wholesale millinery business in the city of New Orleans, La.

Hon. J. S. Hicks, Chancellor. Suit by Frank Fletcher and others against Thomas Roundtree and others. From a decree for complainants perpetuating a temporary injunction, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. G. McGowen, Chancellor. Proceeding by B. T. Markette and others for the establishment of a drainage district. Prom a decree of the chancery court, affirming the judgment of the county board of drainage commissioners, establishing the district, T. W. Avent and others appeal. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by William D. Lee, Sr., against J. M. McConnell, Jr., begun by attachment. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. “Actual cessation to dwell within a state for an uncertain period, without definite intention as to a tim'e for returning, although a general intention to return may exist,” constitutes nonresidence within the meaning of the attachment law.

Hon. J. G. McGowen, Chancellor. Suit by B. Y. Wofford and others against W. T. Williams, sheriff. From a judgment for defendants, plaintiff appeals. The facts are fitly stated in the opinion of the court.

Hon. Claude Clayton, Judge. Oscar Moorman was convicted of murder and appeals. Tbe facts are fully stated in tbe opinion of the court.

Hon..H. C. Mounger, Judge. Suit by the Fidelity and Deposit Company against Pat Henry and another. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Petition by A. Polk for certiorari to require the city of Hattiesburg to sign his bill of exceptions on appeal from the. city’s ordinance closing an alley. Writ refused and petitioner appeals. The facts are fully stated in the opinion of the court.

Hon. B-. W. Cutres,, Chancellor. Suit by Wilkinson county against the Fidelity & Deposit Company of Maryland and others on bonds securing moneys deposited in the Citizens’ Bank as a county depository. From the decree entered, the Alabama Fidelity & Casualty Company and another appeal, and the Fidelity & Deposit Company of Maryland and the receiver of the Citizens’ Bank and others cross-appeal.

Hon.. W. A. Henry, Judge. Suit by the Glacier Metal Company against the McDonnell Foundry & Machine Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.