Volume 111 — Mississippi Reports

Hon. Paul B. Johnson, Judge. Suit by Geo. B. Power and another trustee of the Parmers’ Warehouse Company against the Laurel Compress Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. J. Ballenger, Judge. Suit by Mrs. W. E. Price against the Louisville & Nashville railroad company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Suit by T. H. Montgomery, sheriff and administrator and another, against the Mutual Life Insurance Company of New York. LVom a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court.

Hon. T. B. Watkins, Judge. Suit by Foote, D'avis & Company against the Board of Levee Commissioners for the Yazoo Mississippi Delta. 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 Pearl Boyd and others, against the Alabama & Vicksburg Bailway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Suit between Leontine Hesdorffer and Effie Greener Hiller. Prom a decree in favor of Hiller, Hesdorffer appeals. The facts are fully stated in the opinion of the court.

Hon. T. B. .Watkins, Judge. 4 Suit by J. N. Sibley 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.

Tishomingo county. Hon. J. Q. Robins, Chancellor. Suit by the First National Bank of Nashville, Tennessee, against W. T. Bennett as receiver of the Tishomingo Banking Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Sam 'Whitman, Chancellor. Bill by F. V. Brahan against the City of Meridian. From a decree for defendant, plaintiff' appeals. The facts are fully stated in the opinion of the court.

Hon. G. G. Lyell, Chancellor. Bill by the state of Mississippi, for use of Lincoln county against Edgar Green, county superintendent and others. From a decree dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. C. Jones, Chancellor. Bill for an injunction by the Illinois Central Railroad Company and others. Motion to dissolve the preliminary injunction overruled and defendants appeal. The Illinois Central, the Yazoo & Mississippi Valley, ■and the Alabama & Vicksburg Railroad Companies all use the same passenger station in the city of Jackson.

Hon. T. A. Wood, Chancellor. Suit by the Bank of Lauderdale and others against •Mrs. Ruby E. Cole and others; judgment dismissing generally as to plaintiff E. F. Ballard and without prejudice as to plaintiff, R. W. Fagan, and plaintiff’s Bank of Lauderdale and E. F. Ballard appeal.

Hon. J. Q. Robbins, Chancellor. Clara E. Sykes excepted to the final account of James D. Armstrong, administrator of the estate of Alice Sykes, deceased, and also of the estate of W. M. Sykes, deceased. Decree for the administrator overruling’ exceptions, and the exceptor appeals. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. Suit by John Rather against A. K. Mclnnis Lumber Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

LIon. M. E. Denton, Chancellor. Suit by the Masonic Benefit Association of Stringer Grand Lodge of the state of Mississippi against Eliza D'otson, for injunction to annul a former decree against ■complainant on behalf of defendant. From a decree for -defendant, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. Q. Robins, Chancellor. Bill of interpleader by Charles A. Gish against the Corinth Bank & Trust Company and W. F. Wallace. From a decree in favor of Wallace, the bank appeals. The facts are fully stated in the opinion of the court. In reading appellees’ brief, one would naturally infer that counsel are under the impression that a lease was not assignable at common law, but could only be assigned by virtue of the provisions of some statute.

Aureal from the chancery court of Alcorn county. Hon. J. Q. Robbins, Chancellor. Bill by S. S. Finger against Mrs. Della Taylor and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Chancellor. Suit by Thomas H. Shoub against Leroy Perkins and others, with answer and cross-bills by defendant. Demurrer to cross-bill overruled and complainant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit hy W. H. Bell against the Yazoo & Mississippi Talley Railroad Company. From a judgment for plaintiff, defendant appeals. On the afternoon of November 16, 1912, appellee delivered to appellant at Pocahontas, Miss., forty-six head ■of cattle, for'shipment to New Orleans, La.

Hon. C. L. Dobbs, Judge. Suit hy B. W. Webb against C. Sorenson. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Chapter 141 of the Acts of 1912, is clearly unconstitutional, and is within the inhibitions of the fourteenth amendment; and also section 14, article 3, of the constitution of the state of Mississippi. Mo. K. T. RR. Co. v. Cade, 38 Sup. Ct. 639 and'the cases cited therein.

Hon. G. C. Tann, Chancellor. Bill by the New Standard Club against E. B. McGowen, City Tax Collector of the city of Meridian. From a decree for defendants, complainant appeals. This is an appeal’from chancery court of Lauder-dale county. The city of Meridian assessed the property of the New Standard Club, consisting of its clubhouse and grounds, in the city of Meridian, for taxes for the fiscal year of 1914.

Hon. R. W. Cutker,- Chancellor. Suit by the state on the relation of McA. Brown, as land commissioner, against the Scottish American Mortgage Company Limited, to escheat certain lands held by defendant. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Sam Whitman, Jr., Chancellor. Habeas corpus by Alex P. Miles against his wife, Lula Miles, for the custody of their infant child. Judgment for petition and defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. E. Everett, Judge. Gum Gray was acquitted of selling intoxicating liquors unlawfully and the state appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Suit by M. L. Peacock against A. A. Wilson and another. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by Mrs. Harriet .Shackleford against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.'

Hon. Jno. L. Buckley, Judge. Suit by J. S. Till against the Fairbanks Company. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. Gr. McGto-wen, Chancellor. Harriet Williams excepted to the report of a sale of the homestead, made by W. S. Williams, the executor of Bichard Williams deceased; exceptions sustained and sale vacated and set aside and the executor appeals. The facts are fully stated in the opinion of the court.

Appeal irom the circuit court of Sunflower county. Hon. E. C. McBee, Special Judge. Suit by Mrs. Eena C. Oliver against tbe Fidelity Mutual Insurance Company. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. J. A. Teat, Judge. Suit by L. R. Elmore, administrator, against the Fidelity Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We plank this case squarely upon two propositions, both of which are admitted to be true: First, the deceased at the date of the delivery of the policy was not in good health.

Hon. Claude Clayton, Judge. Suit by W. L. Dixon, administrator, against the Southern Railway Company. From a judgment for defendant,, plaintiff appeals. The facts are fully stated by the court.

Hon. E. L. Brien, Judge. Suit by Sethness Company against the Home Ade Bottling Company and others. Prom a judgment for defendants, plaintiff appeals. Appellant is a manufacturing chemist of Chicago, 111. A.ppellees ordered a shipment of merchandise from appellant. The goods were delivered to the Illinois Central Bailroad Company at Chicago, 111., and shipped to Jackson, Miss., where they were destroyed by fire before delivery to appellees.

Hon. T. L. Lam:b, Chancellor. Suit by C. W. Lowrey against C. Lowrey. Ftom a judgment for plaintiff, defendant appeals. Appellee filed a bill in chancery against appellant, his son, seeking to cancel two deeds executed by himself and wife conveying to appellant two tracts of land.

Hon. W. A. Alcorn, Judge. Suit by J. Carl Jones against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The suit was filed in the circuit court for damages on account of the alleged negligent hilling of two mules belonging to the appellee, and resulted in a judgment against appellant, from which it appeals. The accident occurred at night.

Hon. Claude Clayton, Judge. Suit by Hickman Ebbert Company against the Asa W. Allen Company. From a judgment for defendant, plaintiff appeals. Appellant filed suit on open account against appellee.

Hon. A. E. Weathersby, Judge. Suit by A. H. Bennett against the Mississippi Central Bailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The fact being established, we direct the court’s attention to the law applying in such case. For the convenience of the court, we submit excerpts from some of the authorities.

Hon. Monroe McClurg, Judge. Suit by J. M. Robinson, Norton Company against J. H. Godsey in which execution was levied on the property of the Itta Bena Mercantile Company, S. A. & M. J. Godsey claimed the property and from a judgment for claimants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by Nora Shepherd against the Caledonian Fire Insurance. Company. Judgment on peremptory instruction for plaintiff and defendant appeals. This is an appeal from a judgment based on a peremptory instruction for the appellee, who was the plaintiff below, in her suit against the appellant for t*h.e proceeds of a fire insurance policy covering her residence in the town of Utica.

Hon. C. L. Dobbs, Judge. Replevin by M. R. Potter, Trustee, against L. Munn. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by Jack McGowan against the New Orleans Great Northern Railroad Company. From a judgment for plaintiff, defendant appeals. The appellee was the owner of the mule upon which he was riding on a plantation road on the property of one W. T. McGowan. The bridge was constructed by the railroad company on the approach of the plantation road to the railroad track.

Hon. J. F. McCool, Chancellor. Suit by Mrs. Norma W. Latimer and others against Mrs. M. J: Cochran and others. From a judgment for petitioners, defendant appeals.

Hon. A. J. McLaurin, Judge. Suit by Maceo Jones against the Alabama & Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. This was a suit 'in the circuit court by appellee for injuries received by him, resulting in the loss of a leg. There was a jury and verdict for one thousand, five hundred dollars, and from a judgment thereon this appeal is taken.

Hon. N. A. Taylor, Judge. Suit by B. Altman & Co. against Mrs. W. D. Wall. Prom an order sustaining defendants motion to quash a writ of attachment, plaintiff appeals. Held: operates in law to vacate the first office, and that therefore, such person can, after the acceptance of the second office, only be held to be rightfully and lawfully in the possession of that office alone. 29 Cyc., 1382, and long list of authorities there cited. State v. Armstrong, supra.

Hon. N. A. Taylor, Judge. Proceedings for the establishment of the Camp Creek Drainage District, to which J. S. Johnston and others protested. From a judgment of the circuit court affirming the order of the board of supervisors in favor of the protestants, the commissioners of the proposed district appeal.

Hon. J. L. Buckley, Judge. Suit by Claud L. Dahmer against the City of Meridian and another. From a judgment for defendants, plaintiff appeals. One Hester was the owner of a lot in the city of Meridian upon which a billboard had been erected by one Hopper, who afterwards died. The property was after-wards leased to one Louin, who entered into a contract with appellee, Ziller, whereby Ziller secured the privilege of using said billboard.

Hoir. P. Z. Jones, Chancellor. Bill of interpleader by the Odd Fellows ’ Benefit Association of the G-. IT. 0. of 0. F. District of Mississippi, against A. W. White and others. From a judgment for Estelle White, A. W. White and another appeal. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. Suit by Jobn J. Hall against C. I). Shean. From a judgment for defendant, plaintiff appeals. ' The facts are fully stated in the opinion of the court.

Hon. J. M. Stevens, Judge. Suit by Annette Currie against J. F. Bennett, administrator. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Will Barron was convicted of arson and appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by E. H. Green and others against W. C. Taylor, Sheriff, and others. From an order denying plaintiff’s motion for judgment against defendants, plaintiff appeal.

ITon. Monroe McClurg, Judge. Suit by Herrman Brothers & Company against J. R. Watson, Jr.; execution was levied, on property as belonging to J. E. Watson, Jr., and it was claimed by J. E. Watson. From a judgment for claimant, plaintiff appeals.

Hon. A. J. McLaurin, Judge. Suit by J. W. Stingily against the Alabama & Vicksburg Railway Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court-

<p>Appeal from the chancery court of Hinds county.</p> <p>Hon. O. B. Taylor, Judge.</p> <p>Bill by J. C. Johnston, state revenue agent, against the Puffer Manufacturing Company. Prom a decree sustaining a demurrer to the bill, complainant appeals.</p> <p>The facts are fully stated in the opinion of the court.</p>

IIon. W. H. Potter, Judge. Suit by R. E. K'ennington against tbe Providence-Washington Insurance Company. From a judgment for Tbe facts are fully stated in the opinion of tbe court.

Hon. W. D. Cutrbr, Special Judge. Suit by Bolivar County against the Northern Drainage District. 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 J. T. Mitchell against the .¿Etna Insurance Company. From a judgment for defendant, plaintiff appeals. The facts'are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Election contest by W. E. McKenzie against N. B. Boykin. From a judgment for contestee, contestant appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by J. L. Dickerson against the Western Union Telegraph Company and the Postal Telegraph Cable Company. Prom a judgment for defendant, plaintiff appeals. Motion to dismiss, appeal as to first defendant. The facts are fully stated in the opinion of the court.

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

Hon. Sam Whitman, Chancellor. Suit by D. Rosenbaum’s Sons and others against Davis & Andrews Company and others, begun by attachment in chancery. From a decree for defendant,, complainants appeal. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Bill for interpleader by R. M. Kelly, sheriff, against Allen Howard and others. From the decree the named defendants appeal. The facts are fully stated in the opinion of' the court.

Hon. T. Gr. Birchett, Judge. Suit by Ida Hearn 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. E. L. Brien, Judge. Suit hy W.. C. Craig & Co. against the Yazoo & Mississippi Yalley Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. T. G. Birchett, Judge. Suit /by Middie Smithart 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.

Hon. J. G. McGowan, Chancellor. • Suit by J. S. Marx against T. B. Smith and others, plaintiff obtained a decree by confession. Thereafter Smith filed a bill, and plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. L. Brien, Special Judge. Suit by the Yazoo & Mississippi Valley Railroad Company against Floyd Willis. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. 1 Suit by Planters’ Lumber Company to enforce a mechanic’s lien against Effie L. Tompkins, and another, begun in a justice court and appealed to the circuit court. From a judgment there against plaintiff, it appeals. The facts are fully stated in the opinion of the court.

E. N. Thomas, Chancellor. Injunction hy Bank of Inverness and another against Island City National Bank. Prom a decree overruling a demurrer to the petition, defendant appeals.

. Hon. J. F. MoCoo-l, Chancellor. Bill by J. M. Hardison against James A. Dinsmore.. From a decree overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court.. In discussing the matter of jurisdiction, we need not: go far afield, the question is surely settled that a court. of law is the proper tribunal in which to ask an award of damages for the failure to perform a simple contract.

’ . Hon. J. A. Teat, Special Judge. Suit by Mrs.. Eose M. Cabn against Samuel Wright. From a judgment for defendant, plaintiff appeals. One Weeden was the owner of a house and lot in the city of Greenwood upon which there was a first deed of trust in favor of the Bank of Commerce and a second deed of trust in favor of Alfred Stoner.

Hon. E. L. Broem, Special Judge. Suit by the Jackson Oil & Refining Company against the Illinois Central Railroad Company, begun in justice of peace court and appealed to circuit court. From a judgment there for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only question involved in this suit is; which of the two mentioned statutes applies?

<p>Appeal from the circuit court of Jones county.</p> <p>Hon. J. M. Arnold, Judge.</p> <p>On motion to retax cost.</p> <p>The facts are fully stated in the opinion of the court.</p>

' Hon. J. J. Ballenger, Judge. Petition by James Tbomas and others against the Town of Long Beach. From a judgment for defendant, plaintiff appeals. The town of Long Beach was incorporated in. 1905' under the Code chapter on municipalities. In 1907, the boundaries were extended so as to embrace certain territory about a mile in length and half a mile in width, a large part of which was cultivated as truck patches. and was sparsely settled.

Hon. F. E. Everett, Judge. Suit by the Julius Levy Sons Company against Hi Orlansky. From a judgment overruling a demurrer to deT fendants plea, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. L. Brien, Judge. Henry Griffin was convicted of burglary and appeals. The facts are fully stated in the opinion of the court.

Hon. J. N. Stevens, Chancellor. Bill by T. J. Thomas against L. F. Barnes and Mrs. Lillie V. Barnes his wife. Decree pro confesso, followed by final decree against defendants and defendant, Mrs. Lillie Y. Barnes appeals. The facts are fully stated in the opinion of the court.,

Hon. J. L. Buckley, Judge. Suit by H. P. Hudson against the City of Meridian. Prom a judgment for plaintiff, defendant appeals. Held: “That a verbal license to enter land and cut trees thereon given by the plaintiff or his agent to the defendant is a defense to an action for the statutory penalty for cutting trees without the owner’s consent, and in the absence of a contract, express or implied, is a defense to a suit for the value of the trees cut.” In the case of…

Hon. J. F. McCool, Chancellor. Bill by the City of Macon against Mrs. S. M. Oliver and another. From a decree for complainant, defendants appeal.

Hon. J. F. McCool, Chancellor. Suit by James Yelvington and others against the Grand Lodge Colored Knights of Pythias. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

A-ppeat, from tlie chancery court of Forrest County. Hon. J. M. Stevens, Chancellor. Suit by the Standard Drug Company against W. S. Pierce. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

, Hon. R. W. Cutrer, Chancellor. . Suit by D. H. Wallace, receiver, against L. T. Ventress and others. From a decree overruling their demurrer, defendants appeal. The facts are fully stated in the opinion of the court.

<p>On motion to retax cost. F"rom former opinion see 71 So. 5.</p>

Hon. B. W. Cutre®;, Chancellor. Suit by J. S. Joseph, receiver against D. C. Bramlette and others. From a decree overruling demurrers to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

<p>1. Appeal and Eeboe. Reversal. Jurisdictional defects. Banks and banking. Directors. Liability for wrongful dividends. Actions. Jurisdiction. Parties. Corporations. Statutes. Limitation of actions.</p> <p>Where the chancery court has jurisdiction of the parties and has assumed jurisdiction of the subject-matter, under section 147 of the constitution, the supreme court cannot reverse the decree of the chancellor on the question of jurisdiction.</p> <p>2. Banks and Banking. Directors. Liability for wrongful dividends. Jurisdiction.</p> <p>Equity is the proper forum of an action, instituted by a receiver of an insolvent banking establishment to recover a dividend disbursed in violation of the express provisions of section 923, Code 1906, and when the fund to be recovered should be equittably prorated' amongst that class of creditors whose debts existed at the time the dividend was declared.</p> <p>3. Dikectobs. Liability for wrongful dividends. Parties.</p> <p>The receiver of an insolvent bank may maintain a suit in equity as the representative of all the creditors to recover an illegal dividend from assenting directors under Code 1906, section 923, making them liable therefor, though the right of action is conferred by the terms of the statute on the creditors.</p> <p>4.. Same.</p> <p>In such a suit the bill sufficiently alleges the interest of the creditor if it charges that, when the dividend was declared, the bank’s stock was entirely worthless, and its assets entirely insufficient to pay creditors or any reasonable amount of their indebtedness.</p> <p>5. Coepoeations. Directors. Liability for wrongful dividends. Penal. Remedial.</p> <p>Code 1906, section 923, imposing personal liability on directors for paying dividends when the corporation is insolvent, is penal as to its construction and remedial as respects the creditors.</p> <p>6. Coepoeations. Director’s liability. Statutes.</p> <p>This section is not repealed as to banks by the state banking law (Laws 1914, chapter 124), since section 45 of the latter act limits implied repeal by that act to such as is necessary to give it effectiveness, and section 923 can exist without conflict therewith.</p> <p>7. Limitation of Actions.. Penalty. Director’s liability for wrongful dividends.</p> <p>Personal liability of directors as provided for under Code 1906, section 923, for illegal payments of dividend, is not such a penalty as is embraced within the terms of section 3101, Code 1906, providing a limitation of one year for the recovery of penalties since such a liability is not a penal one.</p>

Hon. C. L. Dobbs, Judge. Suit by Williams-Brooke Company against W. H. Smith. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Thomas B. Carroll, Judge. Suit by Mrs. Ida Broom against the Standard Accident Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Mitchell, Judge. Suit by the Southwestern Company against T. J. Wynnegar and others/ From a judgment for defendants, plaintiff appeals./ The facts are fully stated in the opinion of the court. Many instructions were asked by appellant and refused by the court and a peremptory instruction given for appellees.

Hon. J. F. Me Cool, Chancellor. Suit by J. H. Willis, receiver of bank of Bickens, against Mrs. F. A. White and another. From a judgment overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. E. D, Dinkins, Judge. Walker Webb was convicted for selling whiskey and appeals.- The facts are fully stated in the opinion of the court.

Hon. J. B. Eckles, Judge. Suit by N. A. Pittman against tbe Home Mutual Fire Insurance Company. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

W. Gr. Kier, Special Judge. Suit by Oscar Elliott against the Illinois Central Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court, We contend that as a matter of fact the injury was. occasioned by the negligence of a fellow servant: Appellee contends that the injury was accident or occasioned by ordinary hazards incident to his employment and the risk assumed.

Hon. Monroe MoClubg, Judge. Certiorari by J. A. Henry and others against the Board of Supervisors of Sunflower County. From a judgment for defendant, petitioners appeal. The facts are fully stated in the opinion of the court.

Hon. J. M. Arnold, Judge. Suit by John S. Wheeler against-the Laurel Bottling Works. From a judgment on peremptory instruction,, for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. May, Chancellor. Bill by H. D. Glass and another against Robert Dinwiddie, with attachment in chancery. Demurrer to bill overruled, and defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. J. Ballenger, Judge. Suit by R. W. Cowan, Treasurer of Jackson County, against the -¿Etna Insurance Company. From a judgment for plaintiff on peremptory instruction, on sustaining his demurrers .to defendant’s pleas, defendant appeals.

Hon. D. M. Kimbrough, Chancellor. Suit by Mrs. Mary J. Tanner and others against S. L. Tanner. From a decree for petitioners, defenda: appeals. The facts are fully stated in the opinion of the court. Since the filing of the brief for appellant in this cause this court has decided the case of Mounger v. Gandy, 69 So. 817, found in the advance sheets of November 27, 1915. This case and the principle announced is practically decisive of the case at liar.

Hon. Claude Clayton, Judge. Suit by Frank H. Bassett 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. W. A. Alcorn,' Judge. Suit by Tiny Bell Smith, by next friend 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. B. Eckles, Judge. , Suit by Eddie Huff and others against the Yazoo & Mississippi Valley Eailroad Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. F. McCool, Chancellor. Application by Mary Lee Edgington for the probate of thq will of Mrs. J. M. McDurmitt, deceased; upon admission of will to probate, W. A. Mabry and others appeared and objected. Upon judgment for objectors!, upon trial of devisavit vel non, proponent appeals.

Hon. J. C. Totten, Special Judge. Suit by the Mahon Live Stock Company against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Henry, Judge. Suit by Miss Esma McRee, by ber nest friend-, Mrs. Ella McRee, against H. C. White and wife. Judgment on. direct appeal affirmed; on cross appeal, judgment reversed and case remanded for new trial as to the amount of damages only. - . The facts are fully stated in the opinion of the court.

Hon. H. K. Mahon, Judge. Proceeding by state of Mississippi for use of B. P. Mincey against C. J. Gwaltney and others. Prom a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. H. K. Mahon, Judge. Suit by Mary Gassoway and others against the New Orleans, Mobile •& ■ Chicago Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the. court.

Hon. A. J. McLatjein, Judge. Suit by Logan & Company against H. T. Chapman. From an order sustaining a demurrer to his declaration, plaintiff appeals.

Hon. E. N. Thomas, Chancellor. Bill in the nature of a bill of review by Mrs. E. E. Johnson against the American Bank & Trust Company and others. Prom a decree overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by Mrs. Nannie N. Dillon and others against the Illinois Central Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Bill for partition between J. P. Chandler and others ,and P. B. Chandler and others. Demurrer to bill sustained and J. P. Chandler and others appeal.

Hon. Claude Clayton, Judge. Suit by Dr. J. S. Wheeler, administrator, against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. 1 The facts are fully stated in the opinion of the court. Counsel’s brief refers to two Tennessee statutes, and in doing so, calls attention to the very death knell of their own contentions as to the rights of a mother, through an administrator, to maintain a suit for the negligent killing of a bastard child.

Hon. Sam Whitman, Jr., Chancellor. Suit hy the J. K. Orr Shoe Company against D. Y. Edwards and another. Demurrer to hill of complaint sustained; complainant appeals. On the 17th day of April, 1913, appellant filed its original bill of complaint in the chancery court of the Second district of Jones connty against D. Y. Edwards and J. C. McKinley.

Hon. J. F. McCool, Chancellor. Bill by M. T. Lovett and another against J. T. Tinsley. From a decree for plaintiffs, defendant appeals. Appellee and wife being indebted to appellant executed a deed of trust covering their homestead in Neshoba county and mules, wagon, and crop. 'Shortly after the execution of this deed of trust appellee left his wife and home and went to an adjoining county, where he remained for some time.

Hon. W. A. Henry, Judge. Suit by Wm. A. Ragsdale against the Western Union Telegraph Company. From a judgment for plaintiff, -defendant appeals. The facts are fully stated in the opinion of the court.

<p>1. Cashiers. Carriage of Uve stock. Instructions. Contract against liahity for negligence. Choice 6y shipper. Limitation of value.</p> <p>In a suit for damages to a shipment of stock, where the animals were kept in a car with an open top door on the top for some forty hours in winter without feed, water, or rest, with snow and sleet coming through on them, an instruction that the jury could not consider any damages or injuries caused by the condition of the car was erroneous as calculated to lead the jury away from the main issue of the case since though the bill of lading read that the ear had been accepted by the shipper as in proper condition, it still might have been possible for the road to make prompt shipment in the defective car without damage, and'even had the shipper been bound by the selection of the car and the provisions of the bill of lading he had the right to expect prompt shipment.</p> <p>2. Carriage of Live Stock. Contracts against liability for negligence.</p> <p>A provision in a bill of lading for a shipment of live stock that the car or cars in which the animals were loaded had been accepted by the shipper as being in proper condition, and that the road should not be liable except for loss resulting from its gross negligence, was void as an indirect attempt on the part of the road to contract against liability for its own negligence, since the carrier owes to the shipping public the duty of providing reasonably safe appliances and cars, and its duty in this regard cannot be evaded or its liability limited by a contract, the terms of which the shipper under all the circumstances of any particular case is bound to agree to, such a provision in a bill of lading constitutes a deliberate effort on the part of transportation companies to shift the consequences of their own negligence upon the shipper.</p> <p>3. Carriers. Carriage of live stoclc. Choice by shipper.</p> <p>A shipper may for a cheaper freight rate, bind himself to accept a less commodious car, if full opportunity is at the time given him to choose from a list of cars of different construction.</p> <p>4. Carriage of Live Stock. Limitation of value.</p> <p>For a cheaper rate extended to a shipper of live stock the railroads liability can be limited.</p> <p>5. Contracts Against Liability for Negligence.</p> <p>When a bill of lading provides that the shipper has examined and accepted th'e car, this does not mean that the shipper assumes, all risks, incident to a defective car, liability in this regard cannot be limited either by implication or by express stipulation; neither can the railroad company limit its liability to so called gross negligence, so far as any liability at all is concerned, it makes no difference whether the negligence is gross or simple.</p>

Appear from the chancery court of Oktibbeha county- Hon. J. Q. Robins, Chancellor. Petition by W. H. Reynolds, executor of the will of Mary Martha Wiggs, deceased, for construction of the will in which proceeding Marguret Johnson and others were parties. Prom a decree constructing the will, Wm. Henry Harvey appeals. The facts are fully stated in the opinion of the court-

Hon. E. D. Dinkins, Judge. Suit by M. H. Mims against Batesville Southwestern! Railroad. Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

TIon. J. M. Stevens, Judge. Action by J. F. Bennett, administrator of the estate of B. D. Currie. From a decree for the plaintiff, defendant appeals and plaintiff cross-appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Buckley, Judge. Suit by Mrs. N. N. Willis against John M. Semmes, Jr., and others. From a judgment on peremptory instructions for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon J. M. Arnold, Judge. Suit by the Hattiesburg Grocery Company against J. C. Tompkins. From an order overruling plaintiff’s demurrer to defendant’s plea, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Quo warranto- by the state on relation of the- attorney-general against David McDowell. From a judgment for defendant, relator appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Pottee, Judge. Quo warranto by the state on relation of E. B. Poole against J. M. Ware. From a judgment for relator on overruling a demurrer to the petition, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. H. H. Rodgers, Judge. J. A. Little presented a claim against Grenada county and on its being disallowed appealed to the circuit court. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. Suit by the Chickasaw Lumber Company against Arthur Delapierre Company, incorporated. Prom a judgment for plaintiff, defendant appeals.. The facts are fully stated in the opinion of the court.

■ PIon. O. G. Mayson, Special Chancellor. Suit by the Drago Grain Company and others against Walter Myers. ■ From a decree for complainants, defendant appeals. This is an appeal from the chancery court of. Perry county, where the Drago Grain Company and others filed their bill against the appellant, Walter Myers, and obtained a decree granting the relief prayed for in the bill, from which decree this appeal is taken.

Hon. J. L. Buckley, Judge. Suit by Buckley, Terry & Company against W. E. Hopkins. From a judgment for plaintiff, defendant appeals. Appellant purchased at the trustee’s sale a stock oif goods formerly belonging to T. J. Fisher, a bankrupt, and placed- Fisher in charge thereof, with directions to sell it out at retail, depositing the money taken each day in a bank to appellant’s credit.

<p>Death. Bight of action. Former recovery hy deceased in life time.</p> <p>Under Code 1906, section 721, providing that whenever death is caused by wrongful or negligent act which, if death had not resulted, would have entitled the party injured to maintain an' action and recover damages in respect thereof, his next of kin or representative may sue therefor; there can be no recovery for death caused by injures for which deceased, recovered judgement while living.</p>

. Hon.. F. E. Everett, Judge. Suit by ,D. L. Ragland, receiver of the Newton Lumber Company against W. J. Ross. From a judgment on-peremptory instruction for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. T. C. Kimbrotjoh, Judge. Suit by J. A. Kelly against J. Niles Boyd and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. E. Weatheksby, Judge. Suit by Mrs. Katy Yates against It. F. Walker & Co. Prom judgment of the circuit court affirming the judgment of- the justice court for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

<p>Appeal from the circuit court of Smith county.</p> <p>Hon. W. H. Hughes, Judge.</p> <p>On suggestion of error. Suggestion of error sustained. ■Former opinion reversed and judgment for plaintiff affirmed.</p>

Hon. J. F. McCool, Chancellor. Bill of complaint by C. S. Field and others against T. H. Nicholson and others. From a decree for complainants, defendants appeal.

Hon. W. A. Alcorn, Jr.,- Judge. Replevin by L. G. Hurlburt aginst John Westbrook. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. E. Everett, Judge. Suit by Gladys Ross against the . Postal Telegraph-Cable Company and the Western Union Telegraph Company. Prom a judgment on peremptory instruction for plaintiff for statutory penalty and against plaintiff for punitive damages, both sides appeal.

Hon. F. E. Everett, Judge. Suit by Armstrong & Co. 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. J. M. Stevens, Chancellor. Suit by the Diamond Rubber Company and others against M. F. Fohey and others seeking to hold them liable as stockholders' and directors of the.'Hattiesburg Automobile & Machine Company. From a judgment sustaining a demurrer to the declaration, defendants appeal. The facts are sufficiently stated in the opinion of the court.

Hon. J. A. Tead, Judge. Suit by C. C. Francher against the .Plummer-Lewis Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Suit by the Barton-Parker Manufacturing Company against O. S. Moore. From a judgment for defendant, plaintiff appeals. Appellant is a dealer in jewelry with domicile at Memphis, Tenn. One of appellant’s salesman sold to appellee certain merchandise, taking in payment therfor several notes. The goods were delivered in accordance with the contract and part of them sold by the appellee.

Hon. W. H. Potter, Judge. Habeas corpus on behalf of Ebb Tileman. Prom a judgment dismissing the writ, petitioner appeals. The facts are fully stated in the opinion of the court.

Hon. Allen Thompson, Special Judge. Replevin by J. C. Petty, trustee, against Cora Hill and others, begun in justice court and appealed to circuit court. Flom a judgment there for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. E. L. Brian, Judge. Will Dolph was convicted of removing property subject to a lien from leased premises and appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Evekett, Judge. Suit by Mrs. Cordelia Parker ágainst the Southern Railway Company in Mississippi. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. Gr. McGowen, Chancellor. Suit by German Baker for discovery and accounting against E. S. Nichols and others. Prom a decree sustaining defendant’s demurrer, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Q. B. Taylor., Chancellor. Suit by J. L. Allgood for injunction against Yazoo City. From a decree for complainant, defendants appeal. On motion for final decree by consent. Appellant and appellee entered into a contract whereby the appellant undertook to supply appellee with water at his residence.

Hon. Claude Clayton, Judge. Suit by Willie Pickle against W. Alfred Bean. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. M. Arnold, Judge. Suit in ejectment by C. A. McSwain against Clark Toung and another. Prom a judgment of deféndants, plaintiff appeals. ■ The facts are fully stated in the opinion of the court.

- the chancery court of Marion county. Hon. R. E. Sheehy, Chancellor. Suit by E. Gr. Caston against T. B. Willoughby. F'rom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. T. L. Lamb, Chancellor. Bill by Edward D. Elias against J. Rubel & Co. Prom rulings on defendant’s demurrer to certain items of the bill, both parties appeal for settlement of the law governing the case. The facts are fully stated in the opinion of the court.

Hon. B. E. Jackson, Judge. Suit by A. H. Bernstein against the Yazoo & Mississippi Yalley Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylor, Chancellor. Bill hy Bank of Oxford against J. S. Love and other state hank examiners. Prom a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court.

Hon. E-. L. Brien, Judge. Suit by Mrs. E. M. Birdsong administratrix, against W- C. Craig & Co. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. Z. Jones, Chancellor. Suit by Gr. I. Ragsdale, for the use of Merchants’ & Planters’ Bank, against R. R. Harris, executor of the estate of Mary Ann Harris deceased. Prom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. McLaitrin, Judge. Suit by J. I. Case Threshing Machine Company against S. D. and Sam C. McCoy. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E:. N. Thomas, Chancellor. Suit by Crenshaw-Gary Lumber Company against W. G. Norton and others. From a decree for defendants, complainant appeals. . The facts are fully stated in the opinion of the court.

Appear, from the circuit court of BOliver county. Hon. W. D. Cutrer, Special Judge. Suit by Newell Sanders against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals.

Hon. J. B. Johnson, Judge. Suit by Mrs. Ada De Armond, against Natban Fine. There was a judgment for plaintiff which was set aside and a new trial granted defendant, and from judgment of dismissal on deefndant’s motion, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Buckly, Judge. Suit by J. L. Hooks, administrator of one Hawkins, deceased, against tbe New Orleans North Eastern Bail-road Company. From a directed verdict for defendant, plaintiff appeals. This suit was filed by appellant as plaintiff in the court below against the appellee for damages for the death of one Hawkins, for whose estate appellant had been appointed administrator.

Hon. Claude Clayton, Judge. Suit by T. B. Sykes against the Royal Casualty Company. From a judgment of the circuit court dismissing the case on appeal by default frbm a judgment of a justice of the peadfe court for plaintiff, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. C. L. Dobbs, Judge. Attachment by W. A. Sanderson against the Yellow Pine Lumber Company, began in the justice of the peace court, in which M. S. Buckley intervened as claimant on appeal to the circuit court from a judgment. For plaintiff, judgment for claimant was there rendered and plaintiff appealed. This is a suit in attachment, and was begun by the appellant as plaintiff in the court of a justice of the peace against the Yellow Pine Lumber Company.

Hon. Claude Clayton, Judge. Suit by Dalee brothers ag’ainst Gr. W. and C. H. Wigginton, Mrs. Sarah Wig’ginton claimant. Prom a judgment for plaintiff, claimant appeals. The facts are fully stated in the opinion of the court.

Hon. E. W. Cutler, Chancellor. Suits by Clarissa Jackson and others and Lucile Dickson and others against the United States Fidelity and Guaranty Company. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. Suit by Jones County Lumber Company against the Employer’s Liability Assurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Suit hy Westphalen & Co.; J. K. Young, administrator of W. L.- Young and others. From a peremptory instruction for plaintiff directing a verdict, defendant J. K. Young appeals. Appellees were plaintiffs in the court below and appellant was defendant.

Hon. J, A. Teat, Judge. Replevin by J. W. Hatcher against- Sam Bagwell. Prom an order of the circuit court affirming a judgment in a justice of the peace court for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. A. E. 'Weathersby, Judge. Suit by the Wells Lumber Company against the Gulf & Ship Island Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee was plaintiff in the court below, and appellant was defendant. From a peremptory instruction to find for plaintiff, defendant appeals. Reversed.

Hon. Claude Clayton, Judge. , John H. Lee and John T. Lee were indicted for assault. Prom an order sustaining a demurrer to the indictment, the state appeals.

TIon. J. C. Bryson, Special Judge. Suit’by Mike Branchieri, administrator against the City Savings 'and Trust Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Geneva Hamilton was tried for petit larceny and convicted of trespass and appeals. The proof shows that she had lost some hogs and found certain hogs on the place of one Parker and took them home and penned them up. These hogs bore the same earmarks as her own, and it seems that one Mc-Kinnon also used the same earmarks on his hogs.

Hon. A. E. Weathersbt, Judge. Enoch McKenzie was convicted of larceny and appeals. The facts are fully stated in the opinion of the court.

Hon. P1. B. Johnson, Judge. Bud Biodgers was convicted of crime and appeals. The facts are fully stated in the opinion, of the court.

Hon. P. Z. Jones, Chancellor. Suit by Tom Lewis against the Hebron Bank. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Proceeding by Will Wright for the allowance of the statutory reward for arresting fleeing homicides. From a judgment of the circuit court allowing the reward, the Board of Supervisors appeals. The facts are fully stated in the opinion of the court.

How. W. A. Alcorn, Judge. Suit by Nancy Brooks, Administratrix, against the Yazoo & Mississippi Valley Railroad Company. From a judgment for defendant, plaintiff appeals.

Hon. J'. A. Teat, Judge. Suit by S. P. Wells against the Lucas E. Moore Stave Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylor, Chancellor. Bill from an injunction by H. M. Love against the Board of Supervisors of Yazoo County. From a decree denying the injunctiori and dismissing the bill, plaintiff appeals.

Hon W. H. Potter, Judge. Suit by C. Mitchell against Blanche Campbell. From a judgment, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. John L. Buckley, Judge. Suit by L. Betbeze, Sr., against the Meridian & Memphis Railway Company. 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 J. D. Permenter against Eastman Gardiner & Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. Y. Woodward, Chancellor. Suit by the town of Durant against E. L. Langstaff and others. Erom a judgment overruling a demurrer to the bill of complaint, defendant appeals to settle the principles of the cause. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. Green Booker was convicted of manslaughter and appeals. The facts are fully stated in the opinion of the court.

Hon. O. B. Johnson, Judge. Rich Johnson was convicted of unlawful retailing intoxicating liquors and appeals. The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Suit by Pharr Bros. & Jennings against the Yazoo & Mississippi Valley Railroad Company. Judgment in justice court for plaintiff, to review which defendant brought certiorari to the circuit court, which rendered judgment for defendant and plaintiff appeals. The facts are fully state in the opinion of the court.

Forest county. Hon. J. M. Arnold, Judge. Jas. Lewis was convicted of seduction and appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by George Harvey against tbe Illinois Central Railroad Company. From a judgment for defendant, plaintiff appeals. • Tbe facts are fully stated in tbe opinion of tbe court.

Hon. C. B. Taylor, Chancellor Bill for injunction hy Charles S. Butterfield and others against Lincoln county and others. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. E. Weathersby, Judge. Suit by A. W. Stewart against the. Cybur Lumber Company. From an order overruling plaintiff’s demurrer to defendant’s plea to the jurisdiction and his plea in abatement, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. P. B. Johnson, Judge. Action by Henry Jones and others against the New Orleans, Mobile & Chicago Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

- Hon. J. B. Holden, Judge. Petition by the Magnolia Bank to the board of supervisors of Pike county, objecting to an assessment against it for taxation. The board of supervisors overruled the objection and the bank appealed to the circuit court. Prom a judgment of the circuit court sustaining a demurrer to and dismissing the petition, the bank appeals.

Hon. W. A. Alcorn, Judge. Suit by the state on the relation of S. G-. Salter, district attornéy, against the board of supervisors of Bolivar county. From a judgment for defendant, relator appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. Teat, Judge. Petition by A. L. Shelly for a writ of. habeas corpus against Mary Morgan and others, seeking the custody of his minor son. From a judgment for petitioner, defendants appeal. The facts are fully stated in the opinion of the court.

<p>Appeal and Error.. Affirmance. Effect of divided court.</p> <p>Where the judges of the supreme court are equally divided on the question whether the judgment of the court below shall be reversed, such judgment will be affirmed.</p>

Hon. Luther L. Tyler, Special Judge. Suit by First National Bank of Iowa City against John McGrath & Sons Company. From a judgment for defendant, plaintiff appeals. Held: the laws in force at the time and place of the making of a contract, and which affect its validity, performance and enforcement, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms.

Hon. W. D. Ctjtreb,, Special Judge. Suit by Mrs. M. E. Boone against the Yazoo & Mississippi Valley - Bailroad Company. From a judgment for plaintiff, defendant appeals. The appellee was plaintiff in the court below, and appellant was defendant in a suit for damages.

Hon. Monroe McCltjrg, Judge. Suit by Y. P. Messina against tbe Illinois Central Railroad Company and apotber. Upon remand from tbe supreme court of tbe United States. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. W. H. Potter, Judge. Proceedings on claim of R. L. Grable against the board of supervisors of Yazoo county. From a judgment of the circuit court reversing the action of the hoard of supervisors in disallowing the claim, the board appeals.