Volume 113 — Mississippi Reports

HoN. A. Y. Woodward, Chancellor. Bill for injunction by the town of North Carrollton and others against the Town of Carrollton. From a decree sustaining a demurrer to the bill and dismissing it, petitioners appeal. The facts are fully stated in the opinion of the court.

HoN. W. H. Hughes, Judge. ON Suggestion oe Ebror. Tlie facts are fully stated in the opinion of the court. We call the court’s attention to the following authorities as to what facts are necessary to constitute a partnership where two parties go into a venture under which one is to furnish the capitol and the other the services for a division of the profits.

<p>Appeal astd eeeor. Motion to remancl.</p> <p>Where in a suit to. quiet title the bill as filed in the lower court did not properly present the issues involved, the supreme court, on motion, will remand the case so that the pleadings may be properly amended.</p>

HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Lee County Bank was a garnishee. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Third National Bank of St. Louis was claimant. From a judgment for plaintiff, the claimant appeals. The facts are not stated in the case. The court erred in requiring the claimant to give security for costs, and in holding that the burden of proof was on the claimant.

<p>Appeal from the circuit court of Claiborne county.</p> <p>HoN. E. L. Beiest, Judge. ' .</p> <p>On Suggestion of Eeeoe.</p> <p>The facts are fully stated in the opinion of the court.</p>

HoN. J. B. HoldeN, Judge. Suit by the Barton Parker Manufacturing Company against J. K. Brumfield & Co. Prom a judgment for defendant, plaintiff appeals. A traveling salesman of the Barton-Parker Manufacturing Company of Cedar Rapids, Iowa, sold to appellee certain jewelry, and took the note of appellee to cover the purchase price. The salesman wired the order in to the house, who acknowledged receipt of the order and wrote that shipment would be made in a few days.

Horn W. W. YeNable, Judge. Suit by Mrs. D. 0. Carrie against the Mobile & Ohio Eailway Company. From a judgment for plaintiff, defendant appeals. This is an appeal from a judgment in favor of the appellee for damages claimed by her due to the failure of the appellant to stop one of its passenger trains and put her off at a station on its line to which she had purchased a .ticket.

HoN. G-. C. TaNN, Chancellor.' Bill of interpleader by J. Gr. Repsher against the Bostic Lumber & Manufacturing Company and others. From interlocutory decree ordering plaintiff to pay money into court, he appeals. The facts are fully stated in the opinion of the court. Court was not authorized to order appellant to pay amount he admits to be due into court and then in the same suit litigate with appellees as to balance claimed by them.

Hon. Claude Clayton, Judge. Suit by W. T. Goocb against the Corinth, Shiloh & Savannah Turnpike Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. This’.'is a suit by appellee against appellant on its alleged acceptance of- an order drawn,upon it by Newell in favor of appellee for two hundred dollars and thirteen cents.

HoN. G. G. Lyle, Chancellor. On rehearing, Judgment in division reversed and judgment below affirmed. For former opinion see 110 Miss. 859. The facts are fully stated in the opinion of the court.

Hon. W. W. Venable, Judge. Suit by Elizabeth Nirdlinger against the American Life & Accident Insurance Company. From a judgment for plaintiff, defendant appeals. Held: where the policy provided that no disability shall constitute a claim — where the claimant is able to-leave his bed or house . . . nor during any period of convalescence.

Hon. Allen Thompson, Special Chancellor. Suit by the Yazoo Grocery Company and others against the citizens National Bank and another. From a decree for plaintiff, the named defendant appeals. On March 4, 1911, the Loch Lomond Lumber Company insured certain of its property, consisting of a storehouse, furniture, fixtures, and stock of merchandise, for the sum of twenty-seven hundred dollars. On March 12th this property was totally destroyed by fire.

HoN. W. H. Potter, Judge. Suit by A. C. Wimberly against the Eureka Manufacturing Company. -From a judgment for plaintiff, defendant appeals. . The appellant, through its manager, Shoemaker, made a contract with the appellee, Wimberly, for the removal by appellee of a building located at West King, to Jackson, Miss., and its re-erection at the latter place. The contract was verbal, and appellant claims that the agreed price to be paid appellee was five hundred dollars.

HoN. O. B. Taylor, Chancellor. Bill by the Illinois Central Eailroad Company against the Mississippi Eailroad Commission. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

Hóf. E. L. Bbief, Judge. Suit by Luella Washington against the Yazoo & Mississippi Valley Eailroad Company. From a judgment for plaintiff, defendant appeals. Held: or assumed as a basis for their decisions that such statutes are valid, that is, making the railroads insurers of the property destroyed by fire set out by them. But it is to be noted that the counts were dealing with property and not with personal injuries.

HoN. W. W. VeNable, Judge. . Suit by M. L. Bledsoe, a minor, against the Bostic Lumber & Manufacturing Company. From a judgment for de-dendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. A. J. McIntyre, Chancellor. Suit by the Crescent Drug Company, against the Ameri- can Manufacturing Company and others. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

IIoN. Claude ClaytoN, Judge. ON Suggestion oe Error. As to the lands total and partial damages to which was and is sued for in both actions, we insist that even if the verdict had been a general verdict it would not, under the facts in this case, constitute an estoppel, or a bar as a plea of res judicata to a recovery for damages sued for in the second count of this suit.

HoN. A. E. Weathersby, Judge. Suit by R. W. Robinson Lumber Company against R W. Hinton Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

IioN. O. B. Taylor, Chancellor. Bill for divorce by W. W. Smithston against Meta W. Smithston, From a decree for complainant, but awarding defendant alimony, defendant appeals and complainant cross appeals. The facts are fully stated in the opinion of the court.

Hon. E. L. Brien, Judge. Suit by Bichland Planting Company against the Yazoo & Mississippi Valley Eailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. Suit by Mrs. Jennie Archer against the Illinois Central Railroad Company and others. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. R. W. Cutreb, Chancellor. . Suit by Albert T. Main against Lillian T. Main to annul a marriage. From a decree for complainant, defendant ■appeals. Lillian T. Main, the appellant, appeals from a judgment of the chancery court of Adams county annulling a marriage between herself and Albert T. Main, on a proceeding for annullment of marriage filed against Lillian T. Main by Albert T. Main.

Hon. W. M. DeNNY, Chancellor. Suit by Conrad Sick and others against the city of Bay St. Louis. From a decree for defendant, complainants appeal. The facts are fully stated in the opinion of the court.

HoN. F. E. Everett, Judge. Suit by Mrs. Ola E. Treadway against the Southwestern Surety Insurance Company. Prom a judgment\overruling defendant’s motion to set aside a default [judgment, it appeals. • V The facts are fully stated in the opinion of the court.X^

HoN. E. L. BrieN, Judge. T. F. Clark was convicted of an assault and battery with intent to kill and murder and appeals. Appellant was convicted by the circuit court of Claiborne county of assault and battery with intent to kill and murder Dr. E. P. Jones. He was sentenced to a term of three years in the state penitentiary, and from this judgment prosecutes an appeal.

•Appeal from the circuit court of Tishomingo county. Host. Claude Claytoh, Judge. Suit hy B-. M. Higginbottom against the village of Burnsville. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. E. D. DiNKiNS, Judge. Suit by the Alkahest Lyceum System against Mrs. Ii. C. Featherstone and others. From a judgment for defendants, plaintiff appeals. Held: as secretary, treasurer etc. The organization they represented, the Grand Commandéry Knights Templar, was a voluntary, unincorporated society so far as the proof showed. In that case peremptory instruction was given on behalf of plaintiff and this court affirmed it.

HoN. D. M. Russell, Chancellor. Bill by J. L. Warren, guardian, against the First National Bank of Collins and others. From a judgment overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Petition for writ of mandamus by Mattie L. Hoy against W. W. Lockard, superintendent of education of Yazoo County. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. J. D. Carr, Judge. Suit by Hal Spann against the Alabama & Vicksburg Bailroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

IIoN. A. E. Weathebsby, Judge. Trespass by E. H. Childs against the Brooks Scanlon Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. (1) The written color, if there he any written color at all in this case, is for six hundred and forty acres, and appellee himself introduces it, stands, on it, insists upon it and his privity thereto. This is evidence.

HoN. Claude ClaytoN, Judge. Suit by W. L. Pate-against A. J. Trollinger. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.- The first proposition, the admission of evidence under the notice of privileges filed by the defendant.

HoN. J. B. HoldeN, Judge. Suit by P. M. Shows against the City of Hazlehurst. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. J. L. Bates, Judge, Dan Sparks' was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. H. K. Mahon, Judge. Suit by Louis Short - 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. J. F. McCool, Chancellor. Bill for injunction by Mrs. Lizzie Wilkinson against M. C. Posey* Constable, and another. Prom a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. The court will observe that this land had been deeded to the complainant some fonr months before the judgment was obtained against her husband.

Hon. Frank E. Everett, Judge. Suit by William R. Cato against the Metropolitan Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Frank E. Everett, Judge. Suit hy William R. Cato, against the' Metropolitan Casualty Insurance Company. From a judgment for plaintiff, defendant appeals. ’ The facts are fully stated in the opinion of the court.

Hon. Frank E. Everett, Judge. Suit by William R. Cato against the Metropolitan Casualty Insurance Company. From a judgment nil dioit for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Claude ClaytoN, Judge. Suit by J. W. Thomas against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. It is not disputed that the cow of the appellant was found on the right-of-way of the appellee about fifteen feet from the track on the morning of the 6th or 7th of January, 1915.

Hon. Joe May, Chancellor. Suit by A. Orlansky against W. T. Johnson and others. From a decree sustaining demurrers, complainant appeals, and from a decree overruling other demurrers, defendant cross-appeal. The facts are fully stated in the opinion of the court.

Hon. Monroe McClurg, Judge. Appellant, a firm composed of D. H. Hobbs and De Witt Buck, sold appellees a large quantity of peas, the price of which was six hundred sixteen dollars and thirty-eight cents. About the time of this transaction, Buck Bros. Co., a firm in which De Witt Buck was a partner, owed appellee one hundred seventy-two dollars and twenty-nine cents. The mercantile stock of Bnck Bros. Company was destroyed by fire.

HoN. A. T. Woodward, Chancellor. Exceptions by Briclgett McLaurin and others, to the ■final account of M. O’Byrne, administrator of the'estate of James ITaffey, deceased, exceptions overruled and final account allowed and objections appealed. The facts are fully stated in the opinion of the court.

. Appeal from the chancery court of Harrison county. HoN. J. M. SteveNS, Chancellor. On motion to retax cost after decree was affirmed. For former opinion see 110 Miss. 486, 70 So. 563. The facts are sufficiently stated in the opinion of the court. i

Hon. Sam Whitman, Chancellor. Bill by Sophie Beckner against W. A. Dunagin. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. Counsel in their brief, as they did in the lower court lay great stress on the fact that appellant and her daughter both read the deed that had been prepared before appellant executed it.

HoN. H. P. Farish, Special Judge. Suit by Myrtle Hamel against the Southern, Railway Company in Mississippe. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. . The court erred in permitting Dr. S. T. Rucker to testify. This physician’s testimony came within the privilege-of Section 3695 of our Code, as a privileged communication, not to he disclosed without the consent of patient or his represenatives.

'Appeal from the chancery court of Warren county. HoN. E. N. Thomas, Chancellor. Suit hy Fischel & Kaufman against the Cartwright-Caps Company. From a decree overruling its demurrer, defendants were granted an appeal. The facts are fully stated in the opinion of the court.

How. R. W. Ctjtrer, Chancellor. Suit by the State Savings Bank of Jackson against Silva Gr. Parodi, executrix of Ann T. Parodi and others. From an order overruling a demurrer to the complaint, the defendant appeals. The facts are stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by W. J. Brinkley against the Southern Bailway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. J. L. Bates, Judge. Consolidated suits by J. A. McKibben and H. H. Mc-Kibben against Mrs. M. A. Lovejoy and Thomas Summers. ’ From judgments for plaintiffs, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. B. Holden, Judge. Suit by J. C. Johnson, state revenue agent against the Long Furniture Company. From a judgment fo’r defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The questions involved in this case were determined by this court in an opinion rendered by Cook, P. J., Division B, recently in a case, styled W. Ed. Smith, Tax Collector, v. C. B. Perkins.

<p>1. Master and Servant. Injuries to servant. Safe place doctrine.</p> <p>It is the duty of the master to furnish the servant a safe place to work, and this duty is nondelegable.</p> <p>2. Master and Servant. Injuries to servant. Fellow servant’s negligence. Methods of work.</p> <p>Where it was the duty of the servant to oil a mandrel at the noon hour while the mill was shut down, the master was not absolved from liability for injuries to the servant resulting from a premature starting of the machinery by a fellow servant, since an employer is no less responsible to his workman for personal injuries occasioned by a defective system of using machinery than for injuries caused by a defect in the machinery itself.</p> <p>3. Master and Servant. Injuries to servant. Safe place doctrine.</p> <p>It is the universal law that a master must furnish his servant a safe place to work; that this’ duty is nondelegable, and a servant does not assume the risk when he works in an unsafe place.</p> <p>4. Same.</p> <p>Where a servant was required to oil a bit saw mandrel during the noon hour when the machinery was at rest and who was injured by a foreman starting the machinery before one o'clock and without sounding the whistle as was the custom to do, in such case the master was liable.</p>

HoN. H. H. Elmore, Special Chancellor. Suit by J. K. Armstrong and others against the Board of Mayor and Aldermen of the Town of Louisville. From a decree overruling a demurrer to the bill, defendants appeal.

HoN. J. G. McGowaN, Chancellor. Suit by the Grenada Grocery Company against S. T. Tatum and another, from a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. W. Venable, Judge. Suit by Mrs. Olive E. Clement against the Knights of the Maccabees of the World. From a judgment for defendant, plaintiff appeals. Appellant, as the widow of Jeff L. Clement, now presumed to be deceased, brought this action to recover the sum of two thousand dollars, the amount of the benefit certificate held by the deceased in the Order of Knights of the Maccabees of the World, a fraternal insurance order.

Hon. J. G. McGoweh, Chancellor. Exceptions by W. B. Wells and others against T. P. McCollough. and others, administrators, to the allowance of a probate claim of Mrs. C. G. Wells, widow and ad-ministratrix of J. 0. Wells deceased. Prom an order allowing the claim, appellants appeal.

HoN. W. H. PotteR, Judge. Suit by E. J. Fulgham 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. The court erred in giving the peremptory instruction to the jury to find for the plaintiff as to the cow killed on February 22, 1915, for more reasons than one.

HoN. G. C. Tann, Chancellor. Suit by the Food-Patrick Company against Robert Logan, Caladonia Insurance Company, Granishee; judgment by default against the defendant, Logan, and contest between plaintiff and garnishee transferred to the chancery court, wherein plaintiff in-its bill joined other parties defendant. From a'decree for the garnishee, dismissing the bill, plaintiff appeals.

Hon. J. B. Holden, Judge. Suit by J. C. Johnson, state revenue agent, against the Hazelhurst Hardware Company. Held: The rule is well settled that laws imposing duties or taxes are not to be construed beyond the natural import of the language, and are never to be construed as imposing burdens upon citizens upon doubtful interpretation.” This court again reaffirmed this principle in the case of Alfred Wilby v. State of Mississippi, 93 Miss. 797, in…

Hon.'O. B. Taylor, Chancellor. Bill for injunction by Clint Johnson and others against the Board of Supervisors of Yazoo County and others to prevent the issuance aand sale of highway… Held: which election resulted in favor of the bond issue. Remembering that the Constitution gives the board full jurisdiction over the subject-matter, it was not necessary that the original petitions be'in proper form in order that the bonds issued by the authority of such election be valid.

HoN. O. B. Taylor, Chancellor. Suit for injunction by N. W. Drummond and another against Margaret Catlett. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Claude Harris was convicted of selling intoxicating liquors and appeals. The facts are fully stated in the opinion of the court. A close examination of this record reveals that the court erred in instructing the jury for the state upon the theory of the defendant’s aiding someone else in the sale.

Paul B. Johkson, Judge. On motion to modify judgment of affirmance. For former opinion, see 73 So. 786. The facts are stated in the opinion of the court.

Hon. H. H. Rodgees, Judge. R. E. Kelly was indicted for perjury. Prom a judgment sustaining a demurrer to tbe indictment, tbe state appeals. Tbe facts are fully stated in tbe opinion of tbe court. We most earnestly contend that tbe assistant cashier is an officer of a bank and is one witbin tbe purview of the statute.

Hon. W. H. Potteu, Judge! Suit by tbe Luderbach Plumbing Company against Nellie Stein. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of tbe court. In this case tbe different items on tbe account were disputed and each item under tbe evidence stood upon its own footing, if any of tbe items were correct we are certainly entitled to the amount of sucb items.

Hon. J. L.'Bates, Judge. Suit by E.. 0.' Davidson and others, receivers against S. H. Plant. From a judgment for defendant, plaintiffs appeal. This suit was begun- by the appellants as receivers of the defunct Merchants’ & Farmers’ Bank of Oxford, Miss., against S. H. Plant on a note for seven thousand two hundred and fifty-seven dollars and sixty cents, dated July 3, 1909, signed by B. H. McElroy and S. H. Plant.

Hon. J. G. Me Go weN, Chancellor. Suit by Mrs. Nannie Cox against Chas. M. Reed. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. We insist that the paper in controversy was in law not a deed but a will, and that the concluding words, “this deed to take and be in effect after the death of myself and wife,” show clearly that it was testamentary in its character and not a deed.

Hon. R. W. Cutrer, Chancellor. Proceeding for the allowance of the claims of the Progress Knitting Mills and another against the estate of Benjamin B. Dreyfus, deceased. Prom a decree allowing the claim, Sam Geisenberger, administrator, appeals. The facts are fully stated in the opinion of the court.

HoN. F. E. Everett, Judge. Suit by McClave-Brooks Company against the Belzoni Oil Works. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Our contention i-n the first place is, that there was not a misjoinder of cause of action in the declaration; that by the most strained construction, the third count cannot he considered an action ex delicto, or one sounding in tort.

Hon. O. B. Taylor, Chancellor. Bill by W. T. Mathews against the Mississippi State Board of Health. Held: that where a statute gives a power of removal for cause without any specification of the cause, this power is of a discretionary and judicial nature; and unless the statute otherwise specially provides the exercise thereof, cannot be reviewed by any other tribunal, with respect either to the cause or the sufficiency or existence or…

IioN. Claude Clayton, Judge. „ Suit by Mamie Burcham, by next friend, against James R. Robinson. From a judgment for defendant, plaintiff appeals. The suit is for injuries sustained by plaintiff because of the alleged negligence of the driver of defendant’s automobile in frightening the team bitched to the buggy in which plaintiff was riding on the highway so that the buggy was overturned and plaintiff thrown therefrom and injured.

HoN. E. L. BejeN, Judge. Suit by Mrs. Fannie Forcheimer against the Vicksburg, Shreveport & Pacific Eailroad Company. From a judgment for plaintiff, defendant appeals. This suit was begun by declaration in the circuit court of Warren county, Miss.,, against the defendant, a Louisiana corporation, with an office and agent at Vicksburg, Warren county, Miss., and doing an interstate business only between Vicksburg, Miss., and points in the state of Louisiana.

Hon. Joe May, Chancellor. Suit by the Delta Insurance & Realty Company against the Interstate Fire Insurance Company. From a decree for defendant, plaintiff appeals.

IIoN. W. H. Potter, Judge. Suit by Charles Reed against the Illinois Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court committed manifest error in granting the peremptory instruction.

Hon. F. E, Eveeett, Judge. Proceeding by the state, on the relation of J. M. Foreman, district attorney, for writ of mandamus against George Wheatley and others, constituting the board of supervisors of Washington county. From a judgment dismissing the petition, the state appeals. Appellees constitute the board of supervisors ' of Washington county.

Hon. Paul B. JohNSON, Judge. Suit by Mrs. M. B. McGhee against the Laurel Light and Bailway .Company. Prom a judgment for defendant, plaintilf appeals. Appellant brought suit against appellee for entering upon her premises and cutting the limbs from certain shade trees in her yard.

HoN. J. M. Stevens, Chancellor. Bill by Wirt Adams, State Revenue Agent, against the Lucedale Commercial Company. From the denial of his motion for leave, to dismiss his bill, without prejudice and from an order dismissing the causes and denying complainant any relief he appeals. The facts are fully stated in the opinion of the court.

PIoN. E. D. DiNKiNS, -Judg’e. Distress for rent by F. M. Norfleet and others against McNeer & Dodd and others, wherein the latter replevied the goods, and the former filed an avowry as assignee of a rent contract alleging a landlord’s lien, McNeer & Dodd filing a plea of recoupment alleging the landlord’s misrepresentation as to acreage. From a judgment for the avowments, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. E. D. DinkiNs, Judge. Suit by Banks & Company against G-. H. Pullen and wife, Mrs. P. M. Pullen. Prom a judgment for the wife, plaintiff appeals. The facts are fully stated in the opinion of the court. The petition filed in this cause, states a good cause, of action for the recovery of the judgment, against the defendant, G. H. Pullin, and that the same should be declared a lien'upon the dwelling house erected, and that said house should be sold to satisfy the same.

Hon. O. B. Tayloe, Chancellor. On motion for allowance of temporary alimony and on suggestion of. error. Suggestion of error overruled, but judgment modified. The facts are fully stated in the opinion of the court.

HoN. E. W. Cutres, Chancellor. Suit by D. H. Wallace, receiver, against Thorn & Maginnis and others. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The brief of counsel for appellee is a concession that the position which we take in our original brief, if this is a suit to recover property lost in gambling, is unanswerable.

HoN. T. B. Carroll, Judge. Suit by J. C. Long against T. J. Griffith. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Appellee does not deny the contract, in writing, and as modified by oral agreement and that the sale was immediately made in pursuance of that contract to the purchaser Taylor brought there by Long and that the sale was effectuated by Long’s efforts under the contract.

HoN. T. B. Carroll, Judge. Suit by B. L. Maupin against S. N. Murf. .From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We maintain that the court erred in refusing to permit appellant to introduce into the evidence the title deeds of McCord and Weather by to S. N. Mnrf, S. N. Mnrf to Mrs. Ida Howard and Mrs. Ida Howard to R. L. Manpin.

HoN. J. B. Holden, Judge. Suit by W. M. Atkinson & McDonald Company against the Illinois Central Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The peremptory instruction requested by the defendant at the close of the testimony should have been given, and in refusing to grant it, the court erred.

HoN. E. N. Thomas, Chancellor. Bill by J. B. Bobinson for an injunction against the city of Vicksburg and another. From a decree making the injunction perpetual and dismissing the city’s cross-bill, it appeals. The facts are fully stated in the opinion of the court.

Hon. E.. E. Jackson, Judge. Ejectment hv Mrs. M. M. Davidson against Mrs. Mamie K. Hauer. Held: and further held that Frances Brannan and D. C. i Brannan, having married before 1880, when the estate of tenant by the curtesy existed under the law, and that although Frances Brannan died in 1890, that D. C. Brannan held the land by the law in force at the marriage and not under that in force at the date of Frances Brannan’s death.

HoN. G. C. TaNN, Chancellor. Suit by the Vossburg Lumber & Novelty Company against the Bank of Pachuta and another. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. .In Hendrix v. Robinson and Stevens, 56 Miss. 694, it is held that a promise to pay the debt of another creates no liability, if the primary debtor continues liable unless the assumption be in -writing.

Hon. P. B. Joi-iNsoN, Judge. Suit in justice of peace court by M. L. Gambrel, by next friend, against J. L. Harper. Judgment there for plaintiff and defendant appealed to circuit court, where a peremptory instruction was granted for defendant and plaintiff appeals. The facts are fu-lly stated in the opinion of the court.

HoN. W. W. Venable, Judge. Suit by George B. Clements against C. F. Woods. Appellee, Dr. Clements, as plaintiff in the court below, brought this action to recover damages to his automobile as a result of the alleged negligence of the driver of appellant’s Ford car. Appellant and his partner, one Poitivent, owned jointly a Ford car which was used by them in their real estate business.

HoN. T. L. Lamb, Chancellor. In the matter of the allowance of certain claims probated by Mrs. Elminah Smith against the estate of her deceased sister. From a decree awarding partial relief, H. B. Hoyle and others appeal, and Mrs. Smith cross-appeals. The facts are fully stated in the opinion of the court.

-Appeal from the circuit court of Lafayette county. Horn J. L. Bates, Judge. An affidavit was filed agáinst J. T. Hurdle for enticing and inducing a laborer to leave his employer before the expiration of his contract. From a judgment sustaining a demurrer to the affidavit, the state appeals.

HoN. Sam WhitmaN, Chancellor. Suit hy Gilchrist-Fordney Company and others. From a decree sustaining a demurrer to amended hill of complaint, complainant appeals. The facts are fully stated in the opiidon of the court. The deed of conveyance was valid and vested in the grantee and his assignees the right to cut and appropriate the timber whenever it could he lawfully done. Gaston v. Lumber Go., 60 So. 668.

Hon. PRAnic E. Everett, Judge. F. S. Wilson was convicted of the unlawful sale of liquor and appeals. The facts are fully stated in the opinion of the court. It is to be remembered that the affidavit on trial charged a sale on April 10, 1916. The defendant was a negro without any attorney in the justice court and though the circuit court nor the district attorney objected to the plea as being out of time, such an objection would not have been well taken had it been made.

Hon. F. E. Everett, Judge. Replevin by L. Grünewald Company Limited, against T. S. Shuler and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. E. N. Thomas, Chancellor. Suit by Joe Tiser and others against John E. McCain and others for partition. From a decree denying partition, complainants appeal. Held: she is entitled only to a child’s part in fee in the property. We respectfully submit that the learned chancellor erred and that this cause should be reversed and remanded.

Hon. W. H. Pottee, Judge. Two cases, one quo warranto by the state, on the relation of J. Hr Howie, district attorney, against Z. A. Brantley, game and fish commissioner of the state and the other arising from habeas corpus by Sim Robinson after conviction of hunting without a license.

O. B. Taylor, Chancellor. Suit by the Illinois Central Railroad Company and others against the Mississippi Railroad Commission. From a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Paul B. Johnson, Judge. Oscar Willis was convicted of assault with intent to kill and appeals. The facts are fully stated in the opinion of the court. Does this indictment charge any offense as it stands ■without supplying any word? No one, no court has ever, or will ever, contend that it does and it could make no difference whether the omission was by mistake or design. And it is not, as contended, a grammatical error —it is one of the substance.

HoN. W. A. AlgohN, Jr., Judge. Horace Kelly was convicted of murder and appeals. The facts are fully stated in the opinion of the court. The district attorney in his closing argument in this case before the jury, made use of the following unwarranted and prejudicial remarks, as shown by appellant’s motion for. new trial and signed by the court as follows, to wit: “I want this negro, gentlemen, I want him.

Hon. H. H. Rogees, Judge. Suit by J. B. Small against the Illinois Central Railroad Company. Fiona a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Counsel cite cases to the effect that Small was a passenger, and entitled to receive from appellant the care required to be given to a passenger. We do not dispute this. But all that the carrier is required to do is to make reasonable provision for his safety.

HoN. T. B. WatkiNs, Judge. Suit by W. K. Herrin 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. A contract is to be construed in accordance with the manifest intention of the parties. Wadlington v. Hill, 10 S. & M. 560; Hart v. Gardner, 74 Miss. 153.

HoN. H. H. Rogers, Judge. Suit by Evelyn Duke against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Appellee, plaintiff in the court below, a minor sixteen years of age, purchased a ticket which entitled her to passage on appellant’s train to Charleston, Miss.

HoN. Claude Clayton, Judge. Attachment for double rent by Mrs. C. S. Brown against W. W. Weatherall. From a judgment for plaintiff, defendant appeals. Appellant by parol agreement rented from appellee certain lands for the years 1913, 1914, and 1915, and delivered to appellee his three promissory notes, each for the sum of one hundred dollars, for rental of said premises for said three years.

Hon. Feank E. Everett, Judge. Suit by Harry T. Cole against the Illinois Central Railroad Company and another. From a judgment for plaintiff, defendant, the Illinois Central Railroad Company appeals. The facts are fully stated in the opinion of the court.