Volume 110 — Mississippi Reports

Hon. J. B. Holden, Judge. From a conviction of a misdemeanor, defendant appeals. The facts are fully stated in the opinion of the court. Held: however, that if the appeal should be perfected by certiorari, the case would be heard upon its merits, citing the Ruff Case, the Ball Case and the Gardner Case.

Hon. Dan Brewer, Special Judge. Suit by James G. McGehee against William Scruggs. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Suit by the State of Mississippi for the use of Duncan G. Cassell, a minor, against the United States Fidelity & Guaranty Company. From a decree overruling a demurrer to the original bill of complaint, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit by G. L. Hawkins, trustee, and another, against the Scottish Union & National Insurance Company. From an order dismissing the cause, after sustaining defendant’s demurrer to plaintiff’s replication to the plea of the statute of limitations, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. T. H. Barrett, Judge. Suit by Ingram-Day Lumber Company, against the American Trading Company. From a judgment for .plaintiff, defendant appeals. 'The facts are fully stated in the opinion of the court.

Hon. C. L. Dobbs, Judge. Suit by H. A. Huston against John Black and others in which the Farrand Company filed an affidavit, alleging that the property levied on belonged to it. From a judgment quashing the affidavit, the claimant, appeals.

Hon. J. A. Teat, Judge. Suit by J. B. 0 ’Leary against the Illinois Central Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The passenger plaintiff was at the time en route from Kosciusko to New Orleans, Louisiana. He was an interstate passenger. The statute of Louisiana quoted in the said instruction appears on pages 1498 and 1499 of Wollf’s “Constitution and [Revised Laws” of Louisiana.

.Appeal from the chancery court of Rankin county. Hon. G-. C. Tann, Chancellor. Suit by J. T. Pnrvis and others against Gr. 0. Robinson, Tax Collector, and others. Held: they met again and denied the petition of certain persons asking, to be taken out of the district, thereby adopting the former order as the boundaries. When the bond issue was defeated they met again (July 7th) and once more changed, the boundaries.

Hon. Sam Whitman, Jr-., Chancellor. Bill by the Western Union Telegraph Company, against J. H. Kennedy, Sheriff, and tax collector and others. Prom a decree for defendants, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. On Suggestion of Error. For former opinion see 69 So. 675. It is contended that there was no appeal in this case to the circuit court because no petition for appeal was filed as required by section 95, Code 1906. We fail utterly to grasp the force of this contention, or to see wherein this section has the slightest bearing on the case in hand.

Hon. E. N. Thomas, Chancellor. . Bill hy Lamar Watson, Trustee, against Joel Wilczinsld. From a decree for complainant, defendant appeals. ■ The facts are fully stated in the opinion of the court..

Hon. J. S. Hicks, Chancellor. Petition of Maude E. Barton, executrix of Mrs. L. E.Gastrell, deceased, against Entli S. Kingsbury and others to construe the will. From a decree, Ruth S. Kingsbury appeals. The facts are fully stated in the opinion of the court. First: Said chancery court erred in its decree of August 2,1913,. in holding that the notes of Horace E. Kings-bury and Ruth S. Kingsbury in question are not barred by the statute of limitations.

Hon. T. H. Barrett, Judge. Suit by C. A. Rayburn against the Callahan Construction Company and the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendants appeal.

- Hon. E. E. Sheery, Chancellor. Bill by Mrs. W. P. Haynes against the Central Trust Company of Illinois and pthers. Demurrer to bill overruled and defendants appeal. Held: is a conclusion of law. See State v. Malheur County Court, 46 Ore. 519, 81 Pac. 368. This allegation, therefore, raises no issue, need not be denied, and the truth of it is not admitted by the demurrer to the bill of complaint containing it. See Kittenger v. Traction Co. supra and other authorities cited.

Hon. R. E. Sheeby, Chancellor. Suit by M. U. Monnger and John A. Yeager against W. W. Gandy and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. H. Hodges, Judge. Mandamus by the state, on the relation of Webster county, against the Bank of Eupora. From a judgment issuing’ the writ, respondent appeals. Appellant was county depository for the county of Webster for the year 1914. At the meeting of the board of supervisors of Webster county in January, 1915, the Maben Home Bank was appointed county depository for the current year and qualified as such by giving bond in the sum of fifty thousand dollars.

Hon. Claud Clayton, Judge. Arthur Welch was convicted of assault with intent to rape, and appeals. The facts are fully stated in the opinion of the court.

Hon. P. . Johnson, Judge. Suit by Willie Emma Bradley, by nest friend, against ihe Gulf & Ship Island Eailroad Company. From a judgment for plaintiff, defendant appeals. Held: “The provisions of this statute limiting the time within which the action must be brought is not a statute of limitations. The statute confers a right of action which did not exist before, and it must be strictly complied with.

R. E. Sheebt, Chancellor. Suit by E. G. Gaston against the Pine Lumber Company. Prom a decree in favor of defendant, plaintiff apjieals. The facts are fully stated in the opinion of the court-

Hon. W. A. Henry, Judge. Suit by the Sutter-Van Horn Co., Limited, against the* Mississippi Home Telephone Company, begun in a justice court .and appealed to the circuit court. From a;judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court..

Hon. Sam Whitman, Jr., Chancellor. Suit hy F. W. Williams and others against the Meridian Light & Bailway Company and others. Held: though we think it was unnecessary to pass on the question at all, and it was not really involved^ that they could recover such damages as they might actually show that they had really sustained by reason of' the fact of the laying of a double track in eighth street.

Hon. H. C. Mounger,, Judge. Suit by Henry De Vance against tbe National Life & Accident Insurance Company. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court. Tbe court will observe that tbe second count of tbe declaration proceeds solely upon tbe right to recover 'damages on account of tbe alleged slanderous and defamatory woids used-toward plaintiff by G. E. Liles as agent of defendant.

Hon. J. F. McCool, Chancellor. Suit by Elizabeth Moore and others against J. M. Luke. From an order sustaining a demurrer to the bill of complaint, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Jr., Chancellor. J. P. Hillman sued out a writ of habeas corpus, which was denied and he appeals. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. On suggestion of error. For former opinion see 69 So. 688. The facts are stated in the opinion of the court.

Hon. M. E. DIenton, Chancellor. Suit by First National Bank of Nashville against L. Gr. Dean and another. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. Any reasonable man must know that Mr. Dean a director in this Bank, knew from Mr. Meadow or from some other source, why his note for this large sum was out of the custody of his own Bank.

Hon. E. N. Thomas, Chancellor. Suit by S. A. Hewling and others against Henry L. Blake ’and others. From a judgment for defendants under a cross bill, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Quo tvarranto by state, on relation of S. T. Gause against A. W. Loposser. From a judgment of ouster, respondent appeals.

Hon. W. A. Henry, Judge. Habeas Corpus by John Belew. Relator discharged and the city of Jackson appeals. This is an appeal by the city of Jackson from a judgment entered by the circuit judge, discharging the appellee from custody on a writ of habeas corpus. Appellee had been convicted in the justice of the peace court for selling intoxicating liquors, and a fine of one hundred dollars imposed.

Hon. C. L. Dobbs, Judge. Suit by Charity Hill and others against the Grand Lodge of the Colored Knights of Pythias. Prom a judgment for plaintiff, defendant appeals. A declaration was filed in the circuit court by one Robinson, administrator of the estate of Willis Hill, deceased, against the appellant for the recovery of a life insurance policy held by deceased in the appellant order.

Hon. M. E. Denton, Chancellor. Suit by Joel Wilczinski against C. B. Smith and others. From a decree in favor of defendants, complainant appeals.

Hon. N. A. Taylor,, Jhidge. Suit by F. R. Merrin against De Soto county. From a judgment for defendant, plaintiff appeals. • Appellant was plaintiff in the court below, and appellee was defendant.

Hon. H. C. Mounger, Judge. Suit by Henry Walls against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Held: a ticket from Duncan to Hardee, and got aboard train No. 15 unless some special contract is shown whereby he was entitled to be carried on said train No. 15, did not entitle him to ride to Hardee on said train No. 15 on the night in question in this case, and the jury will find a verdict for the defendant. • “No. 3.

Hon. E. N. Thomas, Chancellor. Snit by A. Weinberg and others against Kohn, Weil & Ho. Prom a decree in favor of complainants, defendant appeals.

Forest county. Hon. Paul B. Johnson, Judge._ Suit by state of Mississippi against the New Orleans, Mobile & Chicago Bailroad 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 H. ?H. Beddingfield and another against the New Orleans Northeastern Railroad Company. Prom a judgment sustaining a demurrer to the replication, plaintiff appeals.

Hon. Claude Clayton, Judge. Suit by the- American Surety Company against Frank W. Moore. From a judgment for plaintiff, defendant appeals. Appellant was an employee of the Mississippi Cotton Oil Company, and appellee was the surety on a bond executed by Mm to that company for tbe faithful performance of his duties thereto.

Hon. J. D. Carr,, Judge. J esse D. Jones and others opposed the entry of an order of the hoard of supervisors of Newton county as to a road district and appealed to the circuit court and from its judgment again appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McClure, Judge. Suit by Alfred Bontall against the Darnell Lumber Company. From a judgment for plaintiff, defendant appeals. Appellee filed an action against the appellant for damages due to injuries alleged by him to have been received while in the employ of the appellant as the result of the appellant’s negligence in failing to provide safe machinery, or advise him of defects in the machinery upon which he was working at the time of the accident.

Hon. Sam Whitman, Chancellor. Suit by Mrs. T. Myers and another against L. L. Viverett to cancel claim of title to land. From a decree for defendants, plaintiffs appeal.

Hon. J. A. Teat, Judge. . Suit by tbe Grenada Bank against W. E. Bourke and others. From a judgment sustaining a demurrer to its. replication to defendants plea in abatement, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. N. A. Taylor, Judge. Suit by A. S. Barboro & Co., against B. Serio, begun by attachment issued from a justice court. There was a judgment awarding damages to defendant and plaintiff brought certiorari. The judgment being affirmed in the circuit court, 'plaintiff appeals.

Hon. N. A. Taylor, Judge. Action of unlawful entry and detainer by J. H. Walton and others against E. C. Wall. From a judgment for ■ defendant, plaintiffs appeal. The facts are fully stated in the opinion of the court.. In the case of Parker v. Eason, 68 Miss. 290, Eason was in possession by his tenant, when Parker moved on the land and notified Eason’s tenant to leave. Eason himself did not personally occupy the land.

Hon. P. Z. Jones, Chancellor. Suit by Leon C. Holloman against Eliza W. Lindsey and others. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by Carl Newman against the Supreme Lodge,, Knights of Pythias. From a judgment overruling a, demurrer to defendant’s plea, plaintiff appeals. The facts are fully stated inthe opinion of the court..

Hon. W. A. Henry, Judge. Suit by Anna Lee Hill against the Jackson Light & Traction Company. From a judgment for defendant, plaintiff appeals.

Hon. E. L. Biuen, Judge. John Wells was convicted of murder and appeals. The facts are fully stated in the opinion of the court: This conviction ought not to be allowed to stand, even if there were no errors committed by the trial court except in the admission of the statement made by the wounded man. The statement of John Cassiono, as testified to by Joe Lauderdale, a policeman, was clearly hearsay.

Hon. W. H. Potter, Judge. Suit by T. M. Henry, Insurance Commissioner against dhe Penn Mutual Ufe Insurance Company. Prom a judgment for plaintiff, defendant appeals.

Hon. M. E. Denton, Chancellor. Bill by Mrs. Ida D. Isler against A. Y. Isler and another. From a decree for defendants dismissing the bill, complainant appeals. Appellant was complainant In the court below, and appellees, A. V. Isler and H. L. Fox, were defendants.

Hon. Paul B. Johnson, Judge. W. D. Bell was convicted of embezzlement, and appeals. Appellant was indicted and convicted of embezzlement, the indictment charging that he collected from one Jenkins a premium on an insurance policy and converted the :same to his own use. Jenkins never received his policy of insurance, and had appellant indicted. It is not shown, by the evidence that appellant retained the money or used it in any way for his own benefit.

Hon. W. H. Hughes, Judge. Andy Keys was convicted of the unlawful selling of intoxicating liquors, and appeals. The facts are fully stated in the opinion of the court. The demurrer, ought to have been sustained.

Hon. W. H. Potter, Judge. Ebb Watkins was convicted of murder and appeals. The facts are fully stated in the opinion of the court.. From the time when.the memory of man runneth not. to the contrary it has been the settled law in Mississippi that a prisoner charged with a capital crime who is in. custody at the time of the trial must be present at every moment of the trial and in addition the record must so-show.

, Hon. P. B. Johnson, Judge. Birdie Johnson was convicted of vagrancy and appeals. The facts are fully stated in the opinion of the court. The judgment in this case is condemned in the case of Warwick v. State, 59 So. 2, and therefore the case must be reversed.

Hon. T. R. Scott, Judge. Suit against the Yazoo & Mississippi Valley Railroad Company. F'rom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Held: in the fifth instruction for the defendant, that the road was properly constructed. In III. Gent. R. Co. v. Miller, 68 Miss. 763, the liability of the Railroad Company was upheld because the company had dug a ditch and thus precipitated the water-on plaintiff’s land.

Hon. E. N. Thom:as, Chancellor. Bill by the state of Mississippi and others against D. Collotta and others. From a decree for complainants, defendant appeals, and Sunflower County and the Town of Indianola file cross-appeals. The facts are fully stated in the opinion of the coxirt.,

Hon. Sam Whitman, Jr., Chancellor. Bill by Mrs. Amanda P. Blackwell against D. Bosenbaum Sons. Ftom a decreé for complainants, defendants appealed. Held: that defendant was not estopped to claim her third interest in ■the land.” Another ease wherein our court held that there was no estoppel is the case of the Scottish-American Mortg.

Hon. Claude Clayton, Judge. Suit by W. C. Elder against the Southern Bailway Company. , Judgment for plaintiff, and on motion for new trial overruled, defendant appealed. Appellee brought suit against the appellant in an action of conversion. He alleges that he delivered certain cattle to the appellant for transportation, and the appellant failed to deliver them at the point of destination or to turn them back to appellee. He recovered judgment in the circuit court.

Hon. J. L. Buckley, Judge. Suit in replevin by W. C. Sams, as trustee in mortgage to W. W. Pearce, against J. P. Sparling, in which the' sheriff sold the property under Code 1906,. section 4229, and the mortgagee became the purchaser at the sale, while the property was in the hands of the sheriff, execution was issued on a judgment abtained by E. S. DeGraffenreid, against J. P. Sparling, and W. W. Pearce filed a claimant’s affidavit in the execution proceedings and his claim…

Hon. Jas. H. Neville, Judge. Claim by the town of Waveland against Hancock county, the claim being rejected by the board of supervisors, claimant appealed to the circuit eourt, and from a judgment of the circuit court confirming that of the board, it again appeals. The facts are fully stated in the opinion of the court. The town bases its claims for said pro rata share of the money collected by the county, on section 4469 of the Code of 1906.

Hon. H. H. Rodgers, Judge. Nathan MclFarland was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Chancellor. t Suit between Chas. McCaleb and others and Annie L. McCaleb and others. From a judgment the first parties mentioned appeals. The facts are fully stated in the opinion of the court

Hon. Monroe McClurg, Judge. Suit hy M. B. Grace, an assignee of D. C. Jones, against the Maryland Casualty Company. From a judgment for plaintiff, defendant appeals, and plaintiff prosecutes a cross-appeal from an order vacating a prior default judgment in his favor. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit by J. W. Crawford against the American Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There was a conflict in the instructions given to the plaintiff and the defendant in their application to conflicting testimony. This is fatal error.

Hon. Jas. H. Neville, Judge. Samuel Elzey was convicted in a justice of the peace court for abandoning his wife, and being again convicted on appeal to the circuit court, he again appeals. The facts are fully stated in the opinion of the court. The record shows that appellant was married on the 19th day of August, 1914, and that they lived together about eleven or twelve days.

Hon. Paul B. Johnson, Judge. ¡, Suit by A. B. Collins against the Union & Farmers’ Bank. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We think the judgment in this case ought to have been in favor of Collins. The defendant failed to prove, according to our judgment, by a preponderance of the evidence, that the check bore the signature of Collins.

Hon. Thos. B. Carroll, Judge. Suit by the Guaranty Trust Company of New York against the Mobile and Ohio Railroad Company. From a. judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

ITon. C. L. Dobbs, Judge. E. L. Cumberland was convicted of murder and appealed. The facts are fully stated in the opinion of the court.

Hon. E. E. Moon, Judge. Suit by A. C. Halloway against W. P. Miles and others. Erom a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. The case of Carruth v. Gillespie, cited by opposing counsel, is not in point here, for in that contest there was no question as to whether or not the United States had parted with its title.

Hon. PaulB. Johnson, Judge. Replevin by J. L. Griffin against John Miller. From a judgment for plaintiff, defendant appealed. Appellee filed suit in replevin to recover of appellant certain sawmill machinery, described in the declaration as being in possession of and wrongfully detained by appellant.

Hon. Paul B. Johnson, Judge. Suit on a promissory note by Mrs. Julia Best against W. H. Pitts. From a judgment dismissing the cause, plaintiff appeals. The facts are fully stated in the opinion of the court. This was a suit begun in the circuit court on a promissory note dated November 1, 1908, for two hundred and thirty dollars, bearing interest at ten per cent from date.

Hon. D. M. Kimborough, Chancellor. Bill by Lewis Foster and others against W. H. Clark and'others. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. E. E. Brown, Judge. Suit by Gale Monroe against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. We respectfully insist that appellant’s motion to exclude the evidence and direct a verdict for it, should have been sustained.

Hon. W. H. Hughes, Judge. Suit hy Lynchburg Shoe Company against J. L. Boswell, 'and another formerly composing the firm of Boswell Bros. Prom a judgment on peremptory instruction for plaintiff, defendant, Ira Boswell, appeals. The facts are fully stated in the opinion of the court. “After a dissolution of a partnership, without consent of the other partners, no member has power to execute notes in the firm name.

<p>Appeal from the circuit court of Forest county.</p> <p>Hon. J. M. Arnold, Judge.</p> <p>Joseph Staiger was convicted of murder and appeals.</p>

Hon. Sam Whitmon, Jr., Chancellor. Bill by the Grillcrist-Fordney Company against S. W. TL Barksdale. From a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. Teat, Judge. Gordon Boyd sued out a writ of habeas corpus against the state to secure his release from custody after conviction of a felony. Held: “As a judge is an essential constituent of a court, there can he no court in the absence of the judge or judges.

Hon. Monroe McClttrg, Judge. Suit by M. A. Bowles ag’ainst T. E. Williams and W. S. Wallace, begun in justice of the peace court, where there was a judgment for plaintiff. On levy of execution J. T. Dean intervened as claimant. From a judgment against claimant, he appeals.

Hon. J. L. Bates, Judge. Will Echols was convicted of manslaughter and appeals. The facts are fully state in the opinion of the court.

Hon. D. M. Kimbrough, Chancellor. Suit by Wirt Adams, state revenue agent, against W. B. Bradberry, trustee to set aside an assignment for creditors. From a judgment for plaintiff, defendant appeals. The state revenue agent filed a bill in chancery against one Allison to recover on behalf of the state, county, and city the statutory penalty for the unlawful sale of intoxicating liquors. No attachment was filed.

Hon. J. F. McCool, Chancellor. Suit between William Trost and others, executors, and Mrs. Hanna L. Selig for construction of the will of Samuel Selig deceased. From a decree for complainant, defendant appealed. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by I. Garner against S. D. Harrison ond others. From a judgment for plaintiff, defendants appeal. Appellee, complainant in the court below, filed suit on a promissory, note for three hundred dollars with interest and attorney’s fees, against appellants, S. D. Harrison, Ed Ware, and Dr. L. E. Eobinson.

Hon. W. H. Hughes, Judge. Suit by L. J. Jones against H. J. Knotts and others. From a judgment on peremptory instruction for defendants, plaintiff appeals. Plaintiff brought suit in the circuit court against defendants for damages alleged to have been done to his land by surface water diverted onto it from the land of defendants by a ditch dug by defendants. After the testimony was in, the court gave a peremptory instruc'tion for defendants.

Hon. Sam Whitman, Jr., Chancellor. Suit by L. E. Deopp against the W. M. Carter Lumber Company and others. From a decree overruling a demurrer to the bill, defendants appeal. Appellee, the owner of a building, contracted with one Russell to make repairs on same.

Hon. T. H. Barrett, Judge. Suit by S. Marione against Harrison County. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.- The connty is not liable for the acts and negligence of its officers and agents. 4 Am. and Eng. Ency. (1 Ed.), page 367. A county is not liable to one whose property is damaged by the acts and negligence and tortious acts of a road overseer.

■Hon. J. I. Ballinger, Judge. Suit by N. C. Delancey against J. W. Byrd. From, a judgment'for defendant, plaintiff appeals.

Hon. E. N. Thomas, Chancellor. Suit by the Southern Railway Company in Mississippi against the Indianola Compress & Storage Company and others. Prom a decree for complainant, defendant appeals. This suit was begun by a bill of chancery by the appellee to enjoin the appellants from prosecuting suits at law against appellee.

Hon. J. A. Buckley, Judge. Consolidated actions by Mrs. Lillian Croom against D. B. Williams and others, to try right to property levied oh under executions. Prom a judgment denying relief to Mrs. Lillian Crooms, she appeals. The facts are fully stated in the opinion of the court.

Hon. R. W. Cutber, Chancellor. Suit by W. L. Robinson Lumber Company against M. O. Rice and others. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. T. H. Barrett, Judge. Suit hy the Congregation of Sisters of Perpetual Adoration against Edmund J. Jane. From judgment for plaintiff for sufficient amount it appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit by the First National Bank of Commerce against the Moyse Real Estate Company. Held: President had no authority to make it. New Hampshire — Wait v. Armory Association, 14 L. R. A. 356. Louisiana — Taylor v. Vosburg Min. Springs Co., 54 So. '912. Arkansas — City E. Street R. R. Co. v. National Ea> Kentucky — Boeder v. Levois and Mason T. R. R. Co., '7 Ky. Law 363; Twmpike Co. v. Looney, 71 Dec. 491.

Hon. J. G-. McGowen, Chancellor. Suit by B. V. Wofford and others against W. T. Williams. Tax collector of Calhoun county. From a decree for defendant, complainants appeal. This is an appeal from the chancery court of Calhoun county.

Hon W. H. Hughes, Judge. Suit by Leon Graham against 'Covington county and others. From a judgment sustaining a demurrer to plaintiff’s declaration, he appeals. The- facts are fully stated in the opinion of the court.

Hon. D. M. Miller, Special Judge. Suit by Holmes Bros., a partnership, against A. G, Deer. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. R. W. Cuteek, Chancellor. Bill by the Alexander County National bank, against L. P. Conner, receiver of the first Natchez bank. Held: that Ryan & Sons, in equity were entitled to impress a trust on so much of the assets of the bank in the hands of the receiver as consisted of the debt from Honea incurred by the check for the sum due Ryan & Sons. ’ In the case of Kinney & Go. v. R. Paine, Receiver et al., a case very similar to the Ryan case, supra, and the instant…

Hon. J. I. Baluengen, Judge. Suit by J. C. Dana against the Gulf & Ship Island Bail-road Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Bobt. E>. Jackson, Judge. Proceedings to abate an assessment by John Dale, trustee of the estate of Mary Ella Nutt, against the board of supervisors of Adams county. From a judgment for plaintiff, defendant appeals. k The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by Henderson'Jennings against the Western Union Telegraph Company. F!rom 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 Illinois Central Eailroad Company against the First National Bank of McComb City and others, with answer and cross-bill by the defendant bank. From a decree for defendants, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. I. Ballengeb, Judge. Suit by N. F. Wylie against tbe Scottish Union & National Ins. Co. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. N. Ei. Weathersby, Judge. Tom Rester was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.

Hon. E. E. Jackson, Judge. ' Suit by E. C. Coon against the Eobinson Mercantile Company. Prom a judgment for defendant, plaintiff appeals.

Hon. B. E. Jackson, Judge. Beplevin by J. B. Patterson trustee against N C. Coon, from a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. ' . ' Suit by William R. Moore Dry Goods Company against W. C. Ainsworth and others. From a judgment for defendants, plaintiff appealed. The facts are fully stated in the opinion of the court.

AIppeal from- the circuit court of Copiah county. Hon. J. B. Holden, Judge. Suit by L. Gr. Peel against the Illinois Central Railroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The rule of liability announced by this count is set forth in the leading case, of L. N. O. S T. By. Go. v. Bigger, 66 Miss. 319.

Hon. J. I. Ballenger, Judge. - Suit by T. J.- Hurst and L. E. Curtis against Harrison county for - statutory reward. From a judgment for plaintiff, defendant appealed. Held: in Ex Parte Webb, supra, that this construction was too' strict and that those two cases should be overruled.

Hon. B. E. Sheeecy, Chancellor. Bill by Mrs. Mary E. Allen against J. A. Bussell and ■another. Erom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

ITon. B. W. Cutrer, Chancellor. Petition by Mrs. Leila Smith against John Clark, for his removal as guardian. From a decree of removal, the guardian appeals. The facts are fully stated in the opinion of the court. There was only the conviction upon which the chancellor could have by any possibility acted, and we again urge that this conviction was not in force when the order of removal was entered.

Hon J. I. Ballenger, Judge. Claim by N. B. McCaleb against Harrison county, wbicb was declined by the board of supervisors and the claimant appealed to the circuit court. From a judgment there for claimant, the county appealed. The facts are fully stated in the opinion of the court.

Hon. R W. Ctjtrer, Chancellor. Petitions by Mrs. 'Martha J. Thrasher, executrix, against Mrs. Bettie B. Humphreys and another to construe a will. .From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. Gr. Ballenger, Judge. Suit by Joe Hunter against the Ingram-Day Lumber Company. F'rom an order sustaining a demurrer to plaintiffs declaration, he appeals. The'facts are fully stated in the opinion of the court.

Hon. Jas. H. Neville, Judge. Bing Davis was convicted of assault and battery and appeals. The facts are fully stated in the opinion of the court.

Hon. T. H. Barrett, Judge. Suit by R. F. Buddendorft against the Gulf and Ship Island Railroad Company, and others. Prom a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Judge. Bill by the state, on relation of the attorney-general, against John W. Blodgett trustee. From a decree for defendant on demurrer the state appeals. The facts are fully stated in the opinion of the court.

Hon. J. Morgan Stevens, Chancellor. Bill by the Postal Telegraph & Cable Company and the Mississippi Home Telephone Company, cross-complainants, against the Gulf & Ship Island Eailroad Company. From a decree for defendant, cross-complainants appeal.

Hon. B-. W. Cutrer, Chancellor. Petition by J. B. Sullivan, guardian against A. PI. Geisenberger, trustee, to remove a personal estate bequeathed to a minor from the state. From a decree denying the petition, petitioner appeals. The facts are fully stated in the opinion of the court.

<p>Appeal from the circuit court of Jasper county.</p> <p>Hon. W. H. Hughes, Judge.</p> <p>The facts are fully stated in the opinion of the court.</p>

Hon. D. M. Miller, Judge. Suit by the International Harvester Company against the P. E. Payne Hardware Company in which Joe Barnes as receiver of the hardware company intervened, from a judgment for plaintiff, defendant and intervenor appeal. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Bill by H. W. Rives executor and others against F. D. Burrage and others. From a decree for defendants on demurrer, plaintiffs appeal. The facts are fully stated in the opinion of the court.

. Host. G-. Gr. Lyell, Chancellor. Suit by W. H. Furr and others against the Parson-May-Oberschmidt Company. From a decree for complainants, defendants appealed. The fhcts are fully stated in the opinion of the courts

Suit by M. W. Dixon against the Gnlf & Ship Island Appeal from tbe circuit court of Smith county. Hon. W. H. Hughes, Judge. ■Railroad Company. From a judgment for plaintiff, defendant appealed. The facts are fully stated in the opinion of the court.

Appear from the circuit court of Jones county. Hon. J. M. Arnold, Judge. Suit hy Mrs. Lydia Harris against F. M. Meek. From a judgment for plaintiff, defendant appeals. Held: the court is actuated by malice or corruption. The declaration does not allege that defendant had no jurisdiction of either the person or the offense.

TIon; J. Morgan Stevens, Chancellor. Bill by J. Q. Fountain against E. C. Joullian. From s decree for defendant sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court. The second ground of the demurrer objects to the selling of an undivided interest in nine separate or distinct parcels of land which it is alleged should have been the subject-matter of separate assessments and same separately sold.

Hon. R. E. Sheeny, Chancellor. Suit by Fermwood Lumber Company against William Rowley and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. Morgan Stevens, Chancellor. Petition by Newton L. Hewes and others for probate of the will of Fannie Gr. Henderson deceased. F'rom a decree in favor of the proponents allowing the probate, contestants appeal. The facts are fully, stated in the opinion of the court.

Hon. J. M. Arnold, Judge. Suit by the Laurel Plumbing & Metal Company against T. PI. Seay an another. From a judgment for plaintiff, defendant Seay, appeals. The facts are fully stated in the opinion of the court.

Appear from the circuit court of Rankin county. Hon. C. L. Dobbs, Judge. Suit by R. K. Jayne against the Nash Lumber Company. Demurrer sustained to plaintiff’s declaration and Tie appeals.

Hon. C. L. Dobbs, Judge. Suit by W. M. Lewis against B. H. Harrison and another. From a judgment for defendant, plaintiff appeals.

ITon. R. B. Mayes, Special Chancellor. Bill by the McComb City Turpentine Company against 'J. J. White Lumber Company. Prom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit by Louis B. Clark against Jolm A. McLeod. From .a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. J. Ballinger;, Judge. Suit by Cameron Farve against Mrs. K. Edwards & Sons. From a verdict for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. R. B. Bullard, Special Chancellor. Suit by R. N. Miller against the Bank of Collins, E. L. Dent, and others. Decree for complainant against all the defendants except one and they appeal, and complainant cross appeals from the decree dismissing the other defendant.

Hon. Monroe M.cClurg, Judge. Suit by Jake Kantrovitz, against Mrs. J. T. McNeil. The circuit court on appeal from a justice of the peace, •dismissed the suit for want of jurisdiction, and plaintiff appeals. Appellant, who was plaintiff in the court below, filed ■suit in the justice court against appellee on open account for one hundred and ninety-five dollars and twenty-five cents for merchandise furnished appellee’s minor sons.

Hon. P. Z. Jones, Chancellor. Bill hy Mrs. Leila B. Mayes against C. C. Coleman and others. Prom a decree dismissing the hill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. Sam Whitman, Chancellor. Suit hy Mrs. M. J. Molpus against the Bostic Lumber ■& Manufacturing Company. Prom an order sustaining a •demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. E. E. Jackson, Judge. Proceeding by the Catholic Diocese of Natchez, against Adams county. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Suit by' Ezra Dickerson and another against the Yazoo & Mississippi Valley Railroad Company. From a judgment for defendant on a peremptory instruction, the plaintiff appeals. The facts are fully stated in the opinion of the court.