Volume 112 — Mississippi Reports

HoN. J. B. HoldeN, Judge. Will Widman was charged by affidavit before a justice of the peace with failing to pay a dog tax. Demurrer to affidavit sustained, affidavit quashed and state appeals. The facts are fully stated in the opinion of the court.

HoN. Sam WhitmaN, Jr.., Chancellor. Suit by J. I. Case Threshing Machine Company against S. D. McCoy and others. From an order overruling a demurrer to the amended hill of complaint, defendant appeals. This is an appeal from an order of the chancery court overruling a demurrer to the amended bill of complaint filed by appellees herein.

'Appeal from the circuit court of Pontotoc county. HoN. Claude Clayton-, Judge. Application in habeas corpus proceeding by Oscar Mor-man for bail, application denied and relator appeals-. The facts are fully stated in the opinion of the court.

IioN. E. L. BeieN, Judge. Julia Watson was convicted of manslaughter and appealed. Appellant was indicted for murder and convicted of manslaughter for the killing of her husband. According to the state’s evidence, a case of murder is made out. According to the evidence introduced by the defendant, she is either guilty of manslaughter, or not guilty at all.

HoN. A. E. Weathersby, Judge. Jesse Husbands was convicted of a trespass less than larceny and appealed. The facts are fully stated in the opinion of thé court. We submit that in order to have sustained a conviction for tresspass less than larceny, it was incumbent upon the state to show by testimony, to a moral certainty and beyond every reasonable doubt, that the taking away was wrongful.

HoN. W. H. Hughes, Judge. Suit by Mathew Price against the Gilchrist-Fordney Company. From a judgment for plaintiff on peremptory instruction, defendant appeals.

HoN. J. L. Bates, Judge. Suit by city of Oxford against A. V. Hiler for keeping and operating two automobiles for hire in the city without having first paid the privilege tax required by Laws 1914, chapter 96, section 1 and ordinance No. 81 of the city. From a judgment of conviction, defendant appeals. The facts are fully stated in the opinion of the court.

<p>1. Indictment and Infobmation. Sufficiency. Following language of statute. Railroads. Reguiations. Posting of anti-tipping statute.</p> <p>Under Laws 1916, chapter 136, section 3, providing that each dining car, railroad, or sleeping car company, doing business in this state, shall post two copies of the anti-tipping statute in conspicuous places in each passenger coach or sleeping car, while the language of the statute is broad enough to require the posting of the statute in all passenger coaches, not only while actually being used for the transportation of passengers, but also while not in use, but standing idle on the tracks, yet it is clear that its purpose is to make criminal only, the failure to post it in passenger coaches while actually being used for the transportation of passengers and an indictment under this statute which fails to allege this is insufficient.</p> <p>2. Same.</p> <p>Where the language of the statute is so specific as to give notice of the act made unlawful, and so exclusive as to prevent its application to any other acts than those made unlawful, it is sufficient to charge the offense by using only the words of the statute, but where the act prohibited does not clearly appear from the language employed, or where, under certain circumstances, one may lawfully do the thing forbidden, by the literal meaning of the words of the statute, it is "not sufficient to indict by . the use only of the statutory words.</p> <p>S. Same.</p> <p>Where the language of the statute is broader than its purpose, and the indictment is in the words of the statutes it cannot be told whether the jury intended to find defendant guilty of the act forbidden by the statute, or of those only, within its literal but not its true construction and in such case it is necessary for the pleader to depart from the statute and indict in words aptly charging, in all cases in which the words of the statute do not , by legal intendment import a particular offense certainly committed by one who has violated its literal language.</p>

Host. O. B. Taylor, Chancellor. Habeas corpus proceeding on behalf of Sam Jones against Sam Nunnery, Chief of Police of the city of Jackson. Prom a judgment declining to discharge him from custody, Jones appeals. ' Appellant was convicted of a violation of chapter 103, Laws 1916, being an act to restrict the traffic in intoxicating liquor And to limit the amount which may be ordered or held by a person within a given time.

HoN. A. E. Weathersby, Judge. Suit by Dr. J. B. Fisher against the Pacific Mutual • Insurance Company. From a judgment for defendant, .plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. B. W. Cutreb, Chancellor. Suit by Mrs. Lelia M. McEwen against L. D. Hughes and others. From a judgment for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. W. H. PotteR, Judge. B. E. Harland was acquitted of keeping and exhibit-: ing a gambling device contrary to an ordinance.- Prom the judgment, the city of Jackson appeals.

<p>Appeal from the circuit court of Forest county.</p> <p>Hon. Paul B. Johnson,, Judge.</p> <p>On suggestion of error former opinion 72 So. 470.</p>

Hon. E. L. Bbian, Judge. James Webb was convicted of carrying concealed weapons under a city ordinance and appeals. The facts are fully stated in the opinion of 'the court.

of Leflore county. Hon. Joe A. May, Chancellor. Injunction by M. E. Robertson against the hoard of supervisors of Leflore county. From a decree disolv-ing a temporary injunction and dismissing the bill, complainant appeals.

IioN. J. L. Buckley, Judge. Suit by J. A. Moore against J. K. Kirldand. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. E. L. BeieN, Presiding Judge. Suit by Ruby Taylor, by her next friend, Dick Taylor,, ag’ainst the Jackson Light & Traction Company. Prom a judgment for plaintiff, defendant appeals. This action was instituted in the circuit court of Hinds county by Ruby Taylor, a minor of the age of ten years, suing by her next friend, to recover damages for the alleged negligence of the Jackson Light & Traction Company in carrying plaintiff beyond her destination.

HoN. M. E. DeNtoN, Chancellor. Suit by Mrs. Ruth Dobbs against Parley Finch. From a decree for complainant, respondent appeals. Tbe facts are fully stated in tbe opinion of tbe court.

<p>Criminal Law. Appeal. Credibility of witnesses.</p> <p>It was the province' of the jury to pass upon the credibility of witnesses and the discrepancies in their testimony given at one trial and then at another. It is not for the supreme court to say that witnesses were unworthy of belief.</p>

IIoN. Bobert Powell, Special Judge. Suit by C. T. Maris against D. & L. K. Levy. From a judgment on peremptory instruction for defendants, plaintiff appeals. One Mose Hawkins, tenant of appellant, gave him a note secured by deed of trust, covering all crops grown on appellant’s place as security for certain money owing by Hawkins to appellant. Thereafter Hawkins gave appellee a deed of trust on all crops raised by him to secure certain advances.

HoN. O. B. Taylor, Chancellor. Sait for injunction by J. G. Hannie against 0. Welch. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. O. B. Taylor, Chancellor. Bill by W. T. Bailiff: and another against Joseph W.. Power, secretary of state, consolidated with a hill by J. M. Cade against the same defendant. From an order denying dissolution of a temporary injunction granted complainants, defendant appeals.

Hon. O. B. Tavlob, Chancellor. Bill for injunction hy the Cudahy Packing Company against P. S. Stovall, state treasurer. Demurrer sustained, temporary injunction dissolved, bill dismissed and complainant appeals. The opinion of the chancellor, referred to in the opinion of the court, was as follows-: The complainant in this case is an Illinois corporation, having its domicile and principal office in the city of Chicago.

Hon. W. A. Henry,- Judge. Suit by W. J. Davis & Co. against the Illinois Central Railroad Company. From a judgment for- plaintiff, defendant appeals. Appellees brought suit against appellants for damages based on alleged injuries inflicted upon a carload of cattle shipped from Jackson, Miss., to East St. Louis, Ill.

IIoN. E. N. Thomas, Chancellor. Bill by Morris Rosenstock. against the board of supervisors and the highway commission of Washington county. Prom a judgment sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Appeal 'from the chancery court of Rankin county. Hoisr. Geo. C. TaNN, Chancellor. Injunction by W. C. Ellis against S. D. Donnell, Sheriff and tax collector. From an order sustaining a demurrer to the bill, complainant appeals.

HoN. Claude Claytou, Judge. Sarah Woods was convicted of unlawful retailing of intoxicating liquor and appeals. The facts are fully stated in the opinion of the court.

Hon. J. A. Teat, Judge. Suit by W. A. Thorsen against the Illinois Central Eailroad Company. Prom a judgment for the defendant, plaintiff appeals motion to dismiss; appeal overruled and' appellant given time within which to file a bond in a penalty of not less than five hundred dollars and upon his failure to do so the case to be dismissed. The facts are stated in the opinion of the court.

Hon. Joe A. May, Chancellor. Suit by J. H. Lay against J. A. Shores president of board of supervisors and others. From a decree for respondents, complainant appeals. Appellant instituted a suit in chancery to enjoin the appellees from acting in their official capacity in issuing, executing, and delivering bonds of a road district of Talla-hatchie county, composed of supervisors’ districts Nos. 4 and 5 of said county.

HoN. O. B. Taylor, Chancellor. Suit by the United States Cast Iron Pipes Foundry Iron Company. From a judgment for plaintiff, defendant appeals.

Hon. Sam Whitman, Jr., Chancellor. Suit hy Will Carter Planing Mill Company against the New Orleans, Mobile & Chicago Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. All the counsel says about discrimination we admit to be sound law, but there can be no discrimination when there is no body to discriminate against.

HoN. W. A. Alcokn, Judge. Suit by L. Jacobson 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.

Horn F. E. Everett, Judge. Suit by Mrs. E. A. Wilder against F. M. & M. C. Harris. From a judgment on peremptory instruction for defendants, plaintiff; appeals. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylob, Chancellor. Bill for injunction by A. L. Kreutzer and others against Duncan L. Thompson, auditor and others. Demurrer to bill overruled, and' appeal granted to settle principle of the case.

HoN. EL H. Ródgebs, Judge. Suit by W. H. Etuddleston against McMillan Bros, and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Virginia Washington was convicted in the municipal court of unlawfully having in her possession intoxicating liquors with the intention of selling them, and from the judgment on appeal to the circuit court again convicting her, she appeals.

Hon. Paul B. Johnson, Judge. ' Suit by G-. B. Koonce, Sr., against the Western Union Telegraph Company. From a judgment for plaintiff, defendánt appeals. The facts are fully stated in the opinion of the court.

HoN. Claude Clayton, Judge. Annie Hunt was convicted of keeping malt liquors, beer, etc., and for unlawful purposes and appeals. The facts are fully stated in the opinion of the court.

HoN. Joe May, Chancellor. Suit by the Interstate Mortgage & Bond Company against the Delta Insurance & Realty Agency, W. S. Barry and S. S. Steele. From a decree overruling- demurrer to the bill, the first defendant appeals. This suit was instituted in the chancery court by the appellee against the appellant and W. S. Barry and S. S. Steele.

HoN. W. M. DekNY, Jr., Chancellor. . . Suit by M. P. Bonslog and others against the city of Gulfport. Prom a decree for defendant sustaining a demurrer and dismissing the hill complainants appeal. The facts are fully stated in the opinion of the court.

Hon. Joe May, Chancellor. Petition by Hopson Bayon drainage district for the confirmation of their assessment upon lands of the district. From a decree approving and confirming the acts of the commissioners, A. J. Simmons appeals. ' The facts are fully stated in the opinion of the court. This appellant insists that the notice of this hearing hy the publication of notice for fifteen days is not snf-ficient to put him on notice.

Hon. G. C. Takh, Chancellor. Suit by the bank of Morton against Ethridge & Hardee and others. Held: “Each member of a mercantile partnership may draw .and accept bills of exchange in relation to and in furtherance of the partnership business, and although the partnership articles prohibit either member to draw or accept bills, this in nowise affects the public, except as it has notice of it, for the mere formation and existence of…

HoN. J. F. McCool, Chancellor. Bill by Geo. Eichardson against Mrs. M. E. Holman. From a decree for complainant, defendant appeals. . The facts are fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. Louis Bridgforth was indicted for receiving deposits for an insolvent bank when he had good reason to believe the bank was insolvent. Prom an order sustaining demurrers to the indictments, the state appeals. The indictment charges that: ■The defendant “on the 4th day of March A. D. 1913,. being then and there, and for a long time prior thereto, cashier and agent for the Bank of Pickens, the said Louis.

Hon. Sam Whitman, Jb., Chancellor. Suit by Dr. B. L. Robinson against Mrs. M. A. Robinson. Rrom an interlocutory decree allowing Mrs. Robinson for counsel fees, Dr. Robinson appeals. This is an appeal from an interlocutory decree of tbe chancellor requiring appellant to pay appellee one hundred dollars solicitor’s fee.

Hon, E. L. Beien, Judge. Suit by J. C. Johnson, State Revenue Agent, against Reeves & Company. From a judgment of the circuit court dismissing .plaintiff’s appeal from the decision of the board of supervisors and abating the suit, plaintiff appeals.

PIoN. H. H. Rodgers, Judge. Ex parte application by T. C. Brown for salary as official stenographer. The application was denied and applicant appeals. The facts are fully stated in the opinion of the court.

HoN. Paul B. JohusoN, Judge. Suit by Dave McWilliams against the Mississippi Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We deem it unnecessary to deal with the assignments of error seriatim or to discuss all the points raised.

HoN. R. W. Heidelburg, Judge. Huh Kelly was convicted of forgery and appeals. The facts are fully stated in the opinion of the court. Argument on assignment of error number three.

HoN. E. L. BejaN, Judge. , Alex Smith was convicted of grand larceny and appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. There was a fatal variance between the allegation of ownership laid in the indictment and the evidence adduced on the trial.

Hon. J. L. Buckley, Judge. Suit by J. Bounds against B. E. Green. From a judgment for the plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The testimony of the appellant is that appellee Bounds or his agents or Scalers had notice that these logs were owned jointly by B. E. Green and W. W. Green, and this being the case it was the appellee’s' duty to apply one-half the logs to appellant’s account.

HoN. Paul B. JohNsoh, Judge. Execution by the Southern Wood-Fiber Company on a judgment against C. J. Thornton in which Mrs. Nellie T. Thornton, his wife, filed a claimant’s issue to the property taken under ‘execution and levy. From a verdict for claimant, plaintiff in execution appeals. The facts are fully stated in the opinion of the court.

HoN. ¥m. A. AlcoRN, Jr., Judge. Joe Hill was convicted of murder and appeals. The facts are fully stated in the opinion of the court. The right to a fair and unprejudiced jury is at the very foundation of the right of trial by jury. If there are any doubts as to the qualification of a venireman, they should be solved against the one challenged.

Hon. Paul B. Johnson, Judge. Suit by J. C. Messer and others against the Fidelity & Deposit Company of Maryland. From a judgment for plaintiff, defendant appeals. Appellees, who were policemen of the city of Hat-tiesburg, Miss., receiving a regular monthly salary, brought suit against the appellant to recover two hundred dollars reward for the capture of two bank burglars.

HoN. Paul B. JohusoN, Judge. Tom Roan was convicted of embezzlement and appeals. The facts are fully stated in the opinion of the court.

TIoN. T. L. Lamb, Chancellor. Bill by J. W. Thomas and others against F. Marion Armstrong and others for the cancellation of defendant’s claim to land and for the partition thereof. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court-

HoN. J. D. Carr, Judge. Suit by W. B. Sivley against J. W. Williamson. From a judgment for defendant, on peremptory instruction, plaintiff appeals. Tbe facts are fully stated in the opinion of the court.

HoN. Claude ClaytoN, Judge. Suit by Betty Jones against the Mobile & Ohio Railroad Company. From a judgment for defendant on a peremptory instruction, plaintiff appeals. The facts are fully stated in the opinion of the court. We desire to answer only the case cited by counsel in his brief, to wit: Broyles v. Central of Ga., R. R. Co., 52 So. 81. This case does not touch the case at bar side, edge, or bottom.

Hon. Joe Mat, Chancellor. Bill by Mrs. Pearl Marks, Mrs. Mary Neilson and others, against C. H. Hale and others. From a decree overruling a demurrer to the hill, defendants appeal.

E. Everett, Judge. Suit by Mary L. Norton against the Southern Railway Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the-court.

Hon. Paul B. JohusoN, Judge. Suit by Mrs. E. T. Saucier against Dr. T. E. Boss. From a judgment for defendant, plaintiff appeals. Held: Surgeons cannot relieve themselves from liability for injury to a patient by leaving a sponge in the wound after an operation, by adoption of a rule requiring the attending nurse to count the sponges used and removed, and relying upon such count as conclusive that all sponges have been accounted for. 2.-The burden.of showing care is…

HoN. EL K. Mahon, Judge. Garnishment proceeding by the Caruthers Shoe Company against the Chickasaw County Bank. From a judgment dismissing the garnishee, with a judgment against the company with attorney fees, it appeals. The facts are fully stated in the opinion óf the court.

HoN. W. A. AlcorN, Jr., Judge. L. 0. Garner was convicted. of murder and appeals. The facts are fully stated in the opinion of the cóurt.

HoN. O. B. Taylor, Chancellor. Suit by the Calvert Mortgage Company against Joseph W. Power secretary of state. From a judgment for plaintiff, defendant appeals. Appellee is a foreign corporation under the laws of Maryland, engaged in the business of lending money and securing same by mortgages within the state of Mississippi. In coming into the state it complied with the provisions of section 935, Code of 1906.

HoN. J. B. HoldeN, Judge. Suit by the Acme Mills against J. H. Felder. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

IioN. J. M. SteveNS, Chancellor. Bill by O. J. Dedeaux and others against the Bayou Delisle Lumber Company and others. From a decree for defendants dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court. We want to call the court’s attention, in discussing the question of adverse possession, to the fact that the complainant introduced no witnesses except a surveyor because its title was perfect of record.

HoN. Claude Clayton, Judge. Suit by Crenshaw Bros. Seed Company against Louie Rauch doing business under the name of Rauch Produce Company. Prom a judgment for defendant, plaintiff appeals. The facts aré fully stated in the opinion of the court.

Hon. F. E. Everett, Judge. ■ Suit by G. G. Dean against the Southern Railway Company in Mississippi. From a judgment for defendant, plaintiff appeals.

Horn Gr. C. TaNN, Chancellor. . Suit by Monk Houston McGee and others against Julia Simpson and others. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only question .to he determined by the court in this case is whether or not the instrument on page 16 of the record is a deed or a will. If it he a deed then the case should be affirmed; if a will then it should he reversed. We resp'ectfully submit that it is a will.

Hon. Luther E. Grice, Special Chancellor. Bill in equity by Mrs. Allie V. Brinson against Louis Cohn and L. H. Baggett, assignees, and the Commercial Bank and Trust Company. Decree for the complainant in part, and defendants prosecute a direct appeal, while complainant prosecutes a cross-appeal. Appellee was complainant in the court below, and appellants defendants. The opinion states, the facts. The laws quoted in the opinion contain the following provisions.

Hon. Claude Clayton, Judge. Suit by Julia Turner against the Southern Railway Company. From a judgment on peremptory instruction for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. Claude Clattou, Judge. John Martin was convicted of murder and appeals. The facts are fully stated in the opinion of the court. “The defendant in a criminal prosecution has a right to have the court instruct the jury on the law applicable to his contention, if supported by substantial evidence. However weak, unsatisfactory, or inconclusive it may appear to the court, to refuse to so instruct the jury would be to invade its province in the trial of a case.

HoN. E. E. JacksoN, Judge. Hattie Hill was convicted of manslaughter and appeals. ' Section 1401 of the Code of 1906, referred to in the… Held: or that -the prisoner was present . . . during the trial or any part of it, or that the court asked him if he had anything to say why judgment should not he pronounced against him upon the verdict, or because of any error or omission in the case in the court below, except where the errors or omissions are jurisdictional in their…

Hon. O. B. Taylok, Chancellor. Bill for injunction by A. J. McLeod against Duncan Thompson, auditor of Public Accounts to the State of Mississippi, and the treasurer of the state. Prom a decree for complainants, defendants appeal.

HoN. Paul B. JohusoN, Judge. Thomas H. Leverett was convicted of murder and appealed. The facts are fully .stated in the opinion of the court. If the jury believed the appellant went up to Richton Mill on the night just previous to the shooting, looked into the mill and saw Bradley, the deceased, while he was engaged about his work, in the face of his denial, this would go a. long ways toward convincing them that appellant’s business in Ricbton was to look Mm np and Mil him.

HoN. W. A. Alcorn, Jr., Judge. Suit by H. H. Showers against the Western Union Telegraph -Company. From a judgment for plaintiff, defendant, appeals. Held: that even if the plaintiff’s case was based on an unreasonable regulation, it is a question which cannot be determined primarily in the court.

Hon. F. E. Everett, Judge. Suit by B. B. Carmichael against the city of Green-ville. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. J. B. HoddeN, Judge. Suit by the Chicag’o Portrait Company against J. W. Maddox and others. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

How. W. A. Alcorn, Jr. Judge. Suit by W. A. Ransom against the Bank of Sbaw. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hox. O. B. Tayloe, Chancellor. Bill by the Gnlf Export Company against the state of Mississippi and others. From a decree dismissing the snit as to the state and a change of venne as to the other defendants, plaintiff appeals.

HoN. James F. McCool, Chancellor. ■ Bill by Julia Banks against the Mississippi Benev-volent Mutual Aid Association. From a decree for complaint, defendant appeals. Appellant is a benevolent order or association domiciled at Hattiesburg, Miss., and writes fraternal insurance for its members. Appellee is the wife of one Stephen Banks, who joined the subordinate lodge of appellant association at Durant, Miss.

Hon. E. N. Thomas, Chancellor. Bill by Mrs. Vera W. Grant against Houston Bros. From a decree for complaint, defendant appeals. Held: and correctly so: ‘‘Where a water line is the boundary of a given lot that line no matter how it shifts, remains the boundry; and a deed describing the lot by number or name conveys the land up to such shifting water line, etc.,” Certainly it does, because when the accretion has formed it is as much a part of the lot as any other…

Hon. G. C. Tann, Chancellor. Ancillary petition in liquidation proceedings by W. F. Owen, receiver and another, against E. F. Anderson and others, Bank Examiners, From a decree overruling a demurrer to the petition, the hank examiners appeal..

Hon. A. T. Woodwaed; Chancellor. Bill by M. J. McGehee and another against A. W. Weeks, wherein defendant filed a cross-bill and applied for a writ of sequestration. From an interlocutory decree granting the application, complainants appeal. The facts are fully stated in the opinion of the court.

HoN. H. H. Rogees, Judge, Trespass by W. R. Kuykendall and others against R. C. .Wilson and others. From a judgment for plaintiff, defendant appeals. A writ of replevin was sued out by Kuykendall for the mule, which resulted in favor of Wilson. Affidavits were then made out against Wilson’s tenants charging them with criminal trespass, hut on trial jury verdicts .in favor of the defendants were rendered.

<p>Appeal from tlie circuit court of Bolivar County.</p> <p>HoN. D. W. Cutrer., Special Judge.</p> <p>Motion to correct judgment in Supreme Court.</p>

. Hon. Claude Clayton, Judge. Suit by Emma Ivy against the United Woodman Benefit Association. From a judgment by default for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. F. E. Everett, Judge. • T. Q. Ellis was indicted for forgin'g a check. From judgment of the court sustaining a demurrer to the indictment, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. W. Venable, Judge. Suit by Wylie Jones against the Life & Casualty -Insurance Company of Tennessee. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Some of the cases on similar contracts to this holding that the insured cannot recover if he is able and qualified to work in other occupations are the cases of, Lyon v. Railway Pass Assur.

Hon. A. Y. Woodward, Chancellor. Bill by J. A. Armstrong and others against H. A. Moore. From a decree sustaining a demurrer and granting sixty days to amend, complainant appeals. On motion to dismiss appeal. The facts are fully stated in the opinion of the court.

HoN. A. E. Weathersby, Judge. Suit by the Federal Chemical Company against T. H. Jenning. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The mere fact that documents are outside the state does not warrant the admission of secondary evidence. Floyd v. Mintry, 5 Rich,. L. (S. C.).361; Waite v. High? 96 la. 742; Wood v. Cullen, 15 Minn. 394; Deaver v. Rice, 2 Ired. (N. C.) 280;' McGregor v. Montgomery, 4 Pa.

HoN. O. B. Tayloe, Chancellor. Petition by R. T. Wright against Mrs. Cornelia Bowers and others. From a decree sustaining a demurrer to.the hill, complainant appeals. Appellant exhibited his bill of complaint in the chancery court of Hinds county against Mrs. Cornelia Bowers and other heirs of E. H. Green, deceased, asking for a partition of certain real estate. A demurrer to the bill was sustained, and from the decree sustaining the demurrer appellant prosecutes this appeal.

Hon. Paul B. Johnson, Judge. Attachment for rent by Ferguson & Allen, landlords against M. E. Ates, wherein P. Oliver filed a claimants appeal. The facts are fully stated in the opinion of the court. Appellees relied upon section 4784 of the Code of 1906 and claimed that the property of appellant is liable thereunder.

HoN. W. M. DeNNy, Chancellor. Petition by J. C. Stevens, administrator of J. B. Stevens, deceased, against D. R. Dunlap Mercantile Company. From a decree ordering the clerk of the chancery conrt to indorse defendant’s claim against the estate as required by law as of the time it was originally filed for probate, the administrator appeals. The facts are fully stated in the opinion of the court.

HoN. E. W. Cutrer, Chancellor. Bill by Lonisa G-. Epstein against Mrs. Ella D. Farr, administratrix. From a decree denying complainants prayer for relief, she appeals. The facts are fully stated in the opinion of the court. Is the language of the statute broad enough to sustain appellant’s position? The language of the statute is very broad.

How. O. B. Taylor, Chancellor. Bill by the Merchants Bank & Trust Company against the City of Jackson. From a decree granting relief in part both sides appeal. The facts are fully stated in the opinion of the court. ■ Granting that estoppel applies -to municipal corporations, the act must be within the scope of the authori.ty of its officers. (28th. Cyc., 465.) In only two cases has the doctrine of estoppel even been hinted at by our- court.

HoN. Joe May, Chancellor. Suit by S. S. Neblett and others against N. F. Neb-lett and others for partition. From a decree denying plaintiff rights to part of the property, he appeals. The facts are fully stated in the opinion of the court. The several questions involved in the assignment of error may be treated together.

HoN. W. H. Hughes, Judge. Suit by Ealph Mitchell against the Gulf & Ship Island Eailroad Company. Judgment for defendant •was duly entered and execution against plaintiff for the cost was returned nulla bona, whereupon execution was issued against defendant for the cost accruing at his instance. From an adverse decision against defendant on its motion to retax the cost it appeals. The facts are fully stated in the opinion of the court.

<p>Appeal from the circuit court of Lamar county.</p> <p>Hon. A. E. Weathersby, Judge.</p> <p>Suit by the Hand-Jordan Company against the Southern State Fire Insurance Company and the Florida Fire & Casualty Company. From a judgment for plaintiff, defendant appeals.</p>

PIoN. A. E. Weathersby, Judge. Suit by J. F. Mulford against L. T. Roberts, sheriff, and others. Held: “Where no delivery bond is executed, the officer who levies on personal property must, to affect the rights of third persons, take the property into his possession.” Section 3964 of the Code of 1906 under the head of process, reads as follows: When on personalty — “If the levy be upon personal property the officer shall take the same…

HoN. W. A. HeNry, Judge. Suit by Dr. A. A. Hicks against R. M. Philp on suggestion of error.

.. HoN. W.' M. DeNNy, Chancellor. Bill by P. L. Hatten and another: against A. W. Bond ' and others. Prom an order sustaining a demurrer1 to the bill complainants appeal. The facts are fully stated in' the1' opinion of-, thecourt: The act creating Stone county is a' special' statute, and the rule, as we understand, is that all the requirements of a special statute have to he complied with, or there can he no legal effect to anything done or-created under it.

I'loN. Claude Claytoñ, Judge. Appeal by A. J. Gregory and others to the circuit uourt from an ordinance extending the limits of the city •of Amory under Code 1906, section 3303, from a judgment dismissing the appeal to the circuit court, appellants appeal. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. Suit by W. R. Wood against tbe New Orleans & Northeastern Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee, W. R. Wood, as plaintiff 'in the court below, instituted this action in the court of a justice of the peace of Jones county to recover one hundred, ten dollars damages to a carload of cattle shipped by the plaintiff from New Orleans, La., to his own order at Ellisville, Miss.

Hon. E. D. Dinkins, Judge. Suit by S. S. Weissinger and others, for the use of themselves and others similarly situated, against E. P. Davis and another. Prom a judgment sustaining a demurrer to the declaration and dismissing the cause, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Mills®, Judge. Suit by P. Z. Jones against Lincoln County. Prom a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.

HoN. Claude ClattoN, Judge. Suit by F. W. Hulsey against the Bank of Tupelo. From a judgment for plaintiff, defendant appeals.

Hon. W. M. Denny, Jr., Chancellor. Proceedings for the allowance of the claim of T. W. Griffin against the estate of M. Nolan deceased. From a decree allowing plaintiff’s claim, T. W. Person, temporary administrator, appeals. The facts are fully stated in the opinion of the court.

<p>Garnishment. Attorney's fees. Statutes.</p> <p>Code 1906, section 2361, which permits the court in exceptional cases rendering it proper, to allow to the garnishee reasonable compensation in addition to per diem, and mileage, does not permit the allowance to him of an attorney’s fee for defending an issue made by a traverse of his answer and it is immaterial whether or not the answer was filed within the time allowed by law.</p>

HoN. A. J. McIutyre, Chancellor. Suit by Henry. Byers against Henderson Harris and others. From a judgment overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. Counsel for appellee is wrong in understanding that appellant contended that the word “fractional” carves out a .reservation. The case of McAllister v. Honea, 71 Miss. 256, 14 So. 264, gives a very clear and lucid definition of what constitutes an exception.

HoN. Joe May, Chancellor. Bill by S. Y. Caulk against James A. Burt. From a judgment for defendant, complainant appeals. The facts are fully stated in the opinion of the court.

HoN. W. H. Hughes, Judge. Suit by J. C. Johnston, state Revenue Agent, against T. Q. Brame. From- a judgment for defendant, plaintiff appeals. The facts are fully stated in -the opinion of the court.

Hon. E. W. Cutrer, Chancellor. Suit by H. B. & Eugene Ford against M. A. Brown, Land Commissioner and the state of Mississippi. From a decree, for plaintiff against the state, the defendants . appeal. The facts are fully stated in the opinion of the court.

HoN. Allen ThompsoN, Special Chancellor. • Bill by Dr. J. D. Donald, administrator, against the First National Bank of Commerce and others to have converted into money property left by decedent in… Held: that upon the marriage of the defendant and the occupancy of the land as a homestead that it became exempt to him. This is a well-considered case by this court and goes into the question here under discussion fully and cites a large number of authorities sustaining it.

HoN. E. N. Thomas, Chancellor. Snit to qniet title by James W. Byrd and another against Mabel C. Thomas and others. From a decree for complainants, defendants appeal. James W. Byrd, August B. Byrd, and William Q-. Byrd, three brothers, all of whom were unmarried at the time of the execution of the instrument which forms the basis of this suit, were engaged in the planting business.

HoN. G-. Gr. Lyell, Special Chancellor. Suit between Mrs. Mary E. Hailey and the estate of J. W. McLaurin deceased. From a judgment, Mrs. Hailey appeals. The facts are fully stated in' the opinion of the court. The will is clear and explicit and shows great care and diligence in the preparation thereof, and the testator set out in terms which can have but one construction, that he intended creating a special bequest and that it was his desire to evade the statute of Mortmain.

HoN. Joe May, Chancellor. Suit by the City of Greenwood against E. F. Bryan. From a decree for plaintiff, defendant appeals. Held: “This bill was demurred to on many grounds, but we see no occasion to go beyond the first. The first grounds of demurrer challenges the fact that there is any equity on the face of the bill.

HoN. Paul B. JohxsoN, Judge. Otho Shows was convicted of having carnal knowledge of a previously chaste female person and appeals.

HoN. O. B. Taylob, Chancellor. Suit by the state on relation of E. C. Melton, tax collector, against F. T. Rombach and others. Prom a judgment sustaining a demurrer to the bill and a decree for defendants, relator appeals.

How. A. T. Woodwakd, Chancellor. Suit by J. A. Nieves, receiver of the Merchants & Farmers Bank, against National Surety Company. From a decree for plaintiff, defendant appeals. The facts are .fully stated in the opinion of the court.

HoN. R. E. JacksoN, Judge. Suit in ejectment by C. C. Smith and others against L. A. Whittington. From a judgment for defendant, plaintiff appeals.

HoN. A. E. WeatheRsby, Judge.. , .Sam. E. Rees, was convicted of murder and appeals. The facts are fully stated in .the opinion of the court.

IioN. Paul B. Johnson, Judge. Suit by W. A. Garrett against W. S. F. Tatum. From a judgment for plaintiff, defendant appeals. > The facts are fully stated in the opinion of the court.

HoN. Claude ClaytoN, Judge. Walter Young was convicted of robbery and after verdict of conviction, moved the court to arrest judgment, which being overruled, he appeals. The facts are fully stated in the opinion of the court. This motion in arrest of judgment was by the court •overruled; it should have been sustained.

Hon. H. H. Rodgers, Judge. Proceeding by the Town of Carrollton against W. B. Yance, sheriff and tax collector. Prom a judgment of the circuit court reversing the action of the municipal board directing the collector to collect certain school taxes, and dismissing the proceeding, the town appeals.

HoN. J. L. Bates, Judge. Jim Bowman was convicted of larceny and appeals. Appellant was convicted of the crime of larceny, sentenced to a term of two years in the state penitentiary, and appeals.

Hon. T. B. WatkiNS; Judge. Consolidated action by Mrs. B. F. Edwards against the Yazoo & Mississippi Valley Railroad Company. From a judgment for defendant, plaintiff appeals. The two cases aboye styled involve the same cause of action, ánd were argued and submitted together. In each case Mrs. Edwards, the appellant, was plaintiff in the court below, and we shall refer to the suits as the first suit and, the second suit regardless of their numbers on the docket.

Hon. O. B. Taylor, Chancellor. Suit by Neely Powers trustee, against the Scott .County Milling Company and others. From a judgment for plaintiff, defendant appeals. The Harding-Coor Company was incorporated, with domicile at Jackson, Miss., with the capital stock of .ten thousand dollars. Coor, who was the manager of the business, which was that of a wholesale grocery, .agreed to take four thousand five hundred dollars of stock and to pay for same in flour.

HoN. E. E. JacksoN, Judge. F. C. Smith was convicted of attempting to commit an abortion and appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Two cases, one quo warranto, by the state on relation of J. H. Howie, district attorney, against Z. A. Brantley, game and fish commissioner of the state, and the other arising under habeas corpus by Sim Robinson, after conviction of hunting without license. In the first case the writ prayed for was issued, hut judgment was entered in favor of Brantly, and the relator appeals.

floN. B. E. Sheahy, Chancellor. Suit to quiet title by Columbia Bank against F. F. Becker and others. From a decreé for plaintiff, defendant appeals. Appellee was complainant in the court below, and appellants' were defendants. The hill filed in the lower court prays for the cancellation of appellant’s claim of title to the land in question and removal of said claim as a cloud upon complainant’s title.

of Perry county. HoN. Paul B. JohNSON, Judge. Eufe Dillard was convicted of larceny and appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by .Mrs. Sue S. Brame against tbe New York Life Insurance Company. From a judgment for plaintiff, defendant appeals. N Tbe facts are fully stated in tbe opinion of tbe court. Tbe original declaration presented no cause of action for recovery on tbe contract of insurance as shown in tbis case and could not therefore be amended.

HoN. Paul B. JohNSON, Judge. Anna May Moseley was convicted for selling whiskey and appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by Mrs. Sue S. Brame against the Equitable Life Insurance Society. Prom a judgment for plaintiff, defendant appeals. The facts upon which this case was tried are. set out in the case of Neiv York Life Insurance Co. v. Brame (No. 18576), decided same date, and reported in 73 So. 806.

Hon. A. J. McIktyre, Chancellor. Suit by H. Clay Barksdale against Mrs. J. P. Learnard and others. From a decree, complainants .•appeal, and D. R. Herron takes a cross appeal. The facts are fully stated in the opinion of the court.

HoN. D. M. Miller, Judge. Suit by W. Ed. Smith, tax collector of Lincoln county, against C. B. Perkins. Prom a judgment for defendant, plaintiff appeals.

HoN. E. E. Sheei-iy, Chancellor. Suit by T. A. Pigott and others against W. A. Pigott. From .a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Claude Claytoh, Judge. Suit by (x. M. Smith against the St. Louis & San Francisco Railroad Company and others. From a judgment for defendant on demurrer to the replication, plaintiff appeals. The issue presented by this appeal arises upon the pleadings.

HoN. W. PI. Potter, Judge. Suit between S. V. Robertson, State Revenue Agent, and the Puffer Manufacturing Company. Prom an adverse judgment, the revenue agent appeals'. The state revenue agent caused certain soda fountains located in Hinds county, Miss., to be assessed for back taxes for a term of years. The notice given by the revenue agent to the assessor directed him to assess said property to the Puffer Manufacturing Company as the owner.

HoN. E. D. DiNKiNs. Judge. Suit hy D. B. Stevenson against the Yazoo & Mississippi Valley Railroad. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.