Volume 118 — Mississippi Reports

Hon.-W. A. Alcorn, Jr., Judge. Replevin by Fred Gibson against S. J. Herrin. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The propositions advanced in this ease are so elementary that it is with some trepidation that we attempt to prove to the court the soundness of them, as it is practically trying to prove to the court that two and two are four. That the testimony of S. J. Herrin is incompetent.

Hon. W. A. Alcorn, Jr., Judge. Suit by J. H. Moselage against the Benevolent & Protective Order of Elks. Prom a judgment based on a peremptory instruction for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

<p>1. Wills. Joint power to sell realty.</p> <p>Where a will provided that all-property should be kept in tact and managed absolutely by testator’s wife and son-in-law who were appointed executors without bond. That the “sale of any real estate as to time and price and parcel is left absolutely with my executors” and that “no accounting shall be required as to receipts and expenditure. In such case the power to sell and convey the real estate could be exercised only by the executors jointly and such power did not survive the death of the wife.</p> <p>2. Wills. Construction.</p> <p>In the construction of wills the controlling question in each case is to arrive at the intention of the testator.</p>

Hon. J. H. Neville, Judge. Proceeding to condemn land by the Alabama & Mississippi Railroad Company against H. Manson Mallett and others. From a judgment in the circuit court, increasing the amount of the judgment rendered against the company in an eminent domain court, the railroad company appeals. The facts are fully stated in the opinion of the court.

Hon. R. W. Heidelberg, Judge. Suit by Mrs. O. T. Hanna, administratrix of Q. J. Hanna, deceased, against the New Orleans and Northeastern Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Unless the plaintiff was entitled to the benefit of the Mississippi prima-facie statute (section 1985, Code of 1906, as amended by chapter 215, Laws of 1912) she wholly failed to make any case against the defendant.

Hon. G. C. Tann, Chancellor. Action by the Farmers & Traders Bank against Allen Boutwell, administrator of the estate of T. H. Oden, deceased, to recover on a claim against said estate. From a judgment for plaintiff, defendant appeals. ' The facts are fully stated in the opinion of the court. The claims are barred by statute.

Hon. Paul B. Johnson, Judge. Suit by Woods Lott against the New Orleans Northeastern Railroad Company, From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. Suit by Charley Irving against the J. J. Newman Lumber Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We insist that the motion to exclude the appellee’s testimony and for a permptory instruction should have been granted.

Hon. W. J. Hughes, Judge. Will Griffy was convicted of unlawfully killing a hog and appeals. The facts are fully stated in the opinion of the court. As to the first assignment of error, we contend that the state wholly failed to prove the vital and material elements of the charge, and for this reason this peremptory instruction should be given.

Hon. W. M. Denny, Jk., Chancellor, Bill to confirm tax title by S. A. Moore against J. L. Jones and others. Prom a decree for plaintiff, defendant appeals.

Hon. W. A. Alcorn, Jr., Judge, Suit by’ T. J. Davis against J. C. Heclc. From a judgment for defendant, plaintiff; appeals. The facts are fully stated in the opinion of the court.

Hon. Albert Y. Woodward, Chancellor. On suggestion of error for former opinion see 78 So. 513. The facts are fully stated in the opinion of the court.

Hon. G, 0. Tann, Chancellor. Bill by A. E. Grayson and others against Allen Bout-well and another. Decree for plaintiff, and defendants appeal. The facts are fully stated in the opinion of the court. It is the contention of the appellant that this case is controlled by the case of Catlett v. Drummond, 74 So. 323.

Hon. W. H. Hughes, Judge. Suit hv Mrs. Laura Prine and others against the Gulf & Ship Island Railroad Company. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court. The deceased at the time he met his death was a private in the United States Army. He was engaged in an active duty, growing out of warfare at a time when thé government was at war. Appellant is a common carrier.

Hon. J. H. Neville, Judge. On suggestion of error. For former opinion see 78 So. 776. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Jr,, Chancellor. Bill by F. M. Pearce, Jr., against J.1 H. Tharpe and others. Motion to strike out evidence and grant a judgment dismissing the bill sustained, and complainant appeals. The facts are fully stated in the opinion of the court.

Hon. May, Chancellor. Suit by N. M. Parks against M. Kline and others. From a dismissal of the bill on demurrer, plaintiff appeals. The facts are fully stated in the opinion of the court. The chancellor decided this case on his construction of section 5051 of Code 1906, which he held was applicable. The court will observe that this section of the Code is in derogation of the common law and must be strictly construed.

Hon. J. H. Neville, Judge. Suit by Arthur D. Parker, as receiver of J. Menge & Sons, Limited against the Dantzler Foundry & Machine works. From a judgment for defendant, plaintiff: appeals.

<p>Brokers. Action for commissions. Sufficiency of evidence.</p> <p>In this case which was an action by a realty broker for commissions, the court held that the evidence established that the real estate broker was given only thirty days’ option on sale, and that , the agent was discharged when defendant formerly withdrew her land from the market and that a judgment for the defendant was proper.</p>

Hon. W. M. Denny, Jr., Chancellor. Suit by the Native Lumber Company against J. L. Scarborough and others. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Judge. Carter Bell Jr., was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Chancellor. Bill by the Bank of Hattiesburg against H. P. Mollire and wife. From; a decree giving only partial relief prayed for, complainants appeal. The facts are fully stated in the opinion of the court. Under the fa,cts as reflected by this record, we respectfully submit that the chancellor erred in holding that these people were still citizens and residents of this state and therefore entitled to the benefit of the homestead exemption laws thereof.

Hon. Lamar F. Easterling, Chancellor. Suit by Thomas E. Bourgeois against the Board of Supervisors of Madison County to restrain a bond issue decree for complainant, and defendant appeals, cree for complainant, and defendant appeals. The facts are fully stated in the opinion of the court.

Hon. H. H. Rodgers, Judge. Pink Hill was convicted of murder and appeals. The facts are fully stated in the opinion of the court. We submit that evidence of contradictory statements is admissible for the purpose only, of impeaching a witness; not as proof of fact in issue. Such evidence, in its very nature, could have no probative value as tending to establish a fact material to the merits of the cause. It goes to the credibility of the witness, and can go no farther.

Hon. O. B. Taylor, Chancellor. Stilt by the Link Newcomb Mill & Lumber Company against A. W. Byrd, wherein a writ of sequestration was issued and levied,… Held: any stipulation, however and whenever made, whether evidenced by a writing or proved by parole evidence, infects the contract to which it refers and brings it within the condemnation of the statute, by the terms of which it is converted into a fruitless and unprofitable transaction. Grayson v. Brooks, 64 Miss. 410.

H'on. O. B. Taylor, Chancellor. Suit by Ellen E. Lee and others against W. L. Erwin, to cancel a tax deed with cross-bill by defendant. From a decree for complainants and a dismissal of the cross-bill, defendant appeals. The facts are fully stated in the opinion of the court. We fail to see that the case of Faison v. Johnson, 70 Miss. 214, has any bearing on the case at bar.

Hon. O. B. Taylor, Chancellor. Bill by Anna Lee Smith, Miss Ethel Smith, Mrs. Ella M. Chisolm and W. Lem Smith against C. F. Rhodes, who filed a cross-bill judgment in favor of first three plaintiffs against the last-named plaintiff. Defendant appeals and last-named plaintiff brings cross-appeal. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. Suit by T. G-. Jones 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.

'Appeal from the circuit court of Simpson county. Hon W. A. Hughes, Judge. Attachment by W. H. Husbands against Pinola Lumber Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. D. M. Miller, Judge. Luther Cannon was indicted for a violation of the. liquor laws. Held: and we dare hope that it will not hereafter hold so long as our law remains unchanged, that a district attorney may, without even the responsibility of an oath, charge the commission of a criminal act by the allegation of a fact not found and presented by the grand jury in the indictment on which a citizen is held.

<p>Gifts. Gifts causa mortis. Evidence.</p> <p>Under the facts as set out in its opinion in this case the court held that the evidence was not sufficient to sustain defendant’s claim that he was the donee of a gift of personal property causa mortis, in accordance with a prior agreement with the donor, ■ but the court held that the deed to realty set out in its opinion was, valid and binding.</p>

How. A. E. Weathersby, Judge. Suit by the Gulf & Ship Island Railroad Company against the Board of Supervisors of Lamar County. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The only • question then to be determined by us is whether or not, in giving boards of supervisors the authority to levy ad valorem taxes, the legislature must put some limitation on the boards.

Hon. Jas. H. Neville, Judge. Suit by Hilton Herman against Douglass Watson. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in'the opinion of the court. We submit that the court below erred in not directing a verdict for appellant, as requested.

Hon. R. W. Hetdelburg, Judge. Suit by A. W. Crawley against J. T. Fitzgerald, wherein the Alabama Great Southern Railway Company, after a default judgment for plaintiff, was garnisheed. From a judgment against the garnishee for the amount of the judgment against the defendant, the garnishee appeals. The facts are fully stated in the opinion of the court.

. Appeal from tlie chancery court of Tallahatchie comity. Hon. Joe Mat, Chancellor. Suit by E. C. De Long against Jerry Bobinson with answer made a cross-bill. Beport of master approved and decree entered in accordance therewith for plaintiff, and defendant appeals. The facts are fully stated in the opinion of the court. We think the error of the appellee’s conclusions is apparent. There is no question of waiver on appellant’s part.

<p>1-. Corporations. Agents. Personal liability.</p> <p>A corporation must of course act through its agents, and it must respond in damages for any injury inflicted by its officers and agents acting within the scope of their duties, but the mere fact that the corporation itself is liable in nowise exempts its officers and agents from personal liability for positive wrongdoing.</p> <p>2. Same.</p> <p>The agents of a corporation who set out fire which burned plaintiff’s property were personally liable, if negligent.</p> <p>3. Fire. Setting fire. Right to damages. Penalty.</p> <p>Under Code 1906, section 4988, (Hemingway’s Code, section 3257), imposing a penalty for setting out fire negligently, where one was damaged by fire so set, he can recover in one action both for actual damages and for the penalty.</p>

Hon. D. M. Bussell, Chancellor. Suit by the Book Lumber Company against Mrs. Mamie Howze and another. Held: that: “It is very clear that if the plaintiff fails to establish his lien on the property, lie is not entitled to a general judgment against the defendant.” The final judgment is not predicated on the allegations in the hill which were confessed by the decree pro confesso, in that the bill alleges the value of the buildings at five…

Hon. E. L. Bbien, Judge. Suit hy Philip S. Craig and others, executors of W. C. Craig, on behalf of W. C. Craig & Co., against the Yazoo & Mississippi Valley Bailroad Company. Prom a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Jr. Chancellor. Bill by James Thomas and others against the Board of Supervisors of Harrison County and others. From a decree on demurrer dismissing the bill, the complainant appeals.

Hon. Paul B. Johnson, Judge. Action by Amos Dossett against the Gulf, .Mobile & Northern Railroad Company. From a judgment for plaintiff, defendant appeals.

Hon. H. H. Rodgers, Judge. Suit by D. A. McGarrah against the Southern Railway Company in Mississippi. From a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The defendant could not legally collect water on one side of its railroad tracks and open culverts through its road bed and discharge water to the damage of landowners below. Harvey v. Illinois Central R. R. Co., 72 So. 273.

Hon. Joe May, Chancellor. Suit by W. I. Brashears, executor, against W. T. Burt and another, trustees. From the decree rendered, defendant appeals, and plaintiff cross-appeals. The facts are fully stated in the opinion of the court.

Hon. E. N. Thomas, Chancellor. Action by M. S. Carter against John N. Studdard and another. From a judgment dismissing the bill of complaint, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. A. J. McIntyre, Chancellor. Bill by Mrs. J. H. Scruggs against H. A. Brazill and others. From an order of the chancellor sustaining an order of the clerk in vacation dismissing the bill, defendants, other than Brazil, appeal. The facts are fully stated in the opinion of the court.

Hon. B. W. Cutbeb, Chancellor. Suit by John F. Couret and others, trustees for the stockholders of the Canal Louisana Bank & Trust Company, against L. PI. Connor and others, receivers of the First Natchez Bank. From a judgment for defendants, plaintiffs appeal. The facts are fully stated in the opinion of the court.

Hon. Jas. H. Neville, Judge. Suit by Corbet Erkhart against the Cyburn Lumber Company and another. From a judgment for plaintiff, the named defendant appeals. The facts are fully stated in the opinion of the court.

IIon. E. L. Bbien, Judge. Joe Herron was convicted of securing money on a check knowing that be bad no funds to pay it, and appeals. On the following indictment the defendant Joe Herron was tried and convicted and sentenced to serve two years in the state penitentiary: State of Mississippi, Warren County. Circuit Court, March Term, 1918.

Hon. A,. J. McIntyre, Chancellor. Suit by J. M. Thomas against Strokes V. Robertson, State Revenue Agent. From a jugdment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Je.., Judge. ' ¡Ejectment by Elizabeth Hull Fant and others against John C. Williams. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by Josephine Owens and others against the Gulf & Ship Island Railroad Company. F'rom a judgment sustaining the demurrer to the declaration as to the named defendant and defendant Dr. T. E. Ross and overruling the demurrer as to the defendant Hattiesburg Hospital, the plaintiffs appeal. Josephine Owens and others, plaintiffs, filed this suit in the circuit court of Covington county against the Gulf & Ship Island Railroad.

Hon. D. M. Miller, Judge. Suit by Mrs. J. W. Ramsey against the Eminent Household of Columbian Woodmen. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Árpe at. from, the circuit court of Chickasaw county. HpN. J. L. Bates, Judge. Suit by the Chas. W. Shephard Cotton 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.

Hoh. O. B. Taylor, Chancellor. Bill for induction by the state of Mississippi on the relation of Boss A. Collins, Attorney-General, against the Standard Construction Company and others. From a judgment desolving a temporary injunction and dismissing the bill, complainant appeals.

Hon. E. N. Thomas, Chancellor. Proceeding by the Bogue Hasty Drainage District against the Napenee Plantation Company. From an order of the chancellor awarding the latter damages, the former appeals, on motion by the plantation company the case was docketed and dismissed. The facts are fully stated in the opinion of the court.

<p>Appear from the chancery court of Leflore county.</p> <p>Hon. Joe May, Chancellor.</p> <p>Suit by Mrs. M. Y. Jones, revived on her death in the name of Mrs. M. S. Rose, executrix, against D. S. Jones, executors and others. From a decree Mis. M. S. Rose, executrix, appeals, and defendants cross-appeal.</p> <p>The facts are fully stated in the opinion of the court.</p>

Hon. O. B. Taylor, Chancellor. Suit by the city of Jackson against Thos. P. Sparks. From a decree for plaintiff, defendant appeals; The facts are fully stated in the opinion of the court.

Amite county. Hon. R. E. Jackson, Judge. Suit by Mrs. E. A. Ennis administratrix of the estate of John W. Ennis, deceased against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for plaintiff on a second trial and a denial of her motion for a new trial, and from the judgment setting aside the verdict on the first trial, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Jb., Chancellor. Bill by Mrs. Yera Bond against Mrs. Linda' K. Dukate and others, to have the will of W. K. M. Dukate declared void, and his intestacy declared. The facts are fully stated in the opinion of the court.

Hon. A. J. McIntyre, Chancellor. Bill by Strokes Y. Robertson, state revenue agent, for the use of the state of Mississippi, against Monroe County. From a decree sustaining a demurrer to the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. A. J. McIntyre, Chancellor. Bill by Stokes V. Robertson, State Revenue Agent, for the use of Aberdeen and Amory, Mississippi, against Monroe County. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Gr. C. Tann, Chancellor. Suit by J. F. Day and others against R. C. Lay and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit hy L. A. Benton against the Finkbine Lumber Company and others for wrongful death. From a judgment for defendants on demurrer to the declaration, plaintiff appeals. Held: not that the declaration failed to state a point cause of action, hut that no cause of action, whatever was set forth, sustained the demurrer and finally dismissed the cause.

Hon. Joe May, Chancellor. Controversy between the Security Bank & Trust Company of Memphis Tennessee, and H. T). Todd, Receiver. From a decree for the latter, the former appeals. The First State Bank of Shaw, Miss., was indebted to the Security Bank & Trust Company of Memphis, Tenn., for a large sum of money.

Hon. Vm. Denny, Jr., Chancellor. Action by the state, for the use of Ella M. Kingsbury, et al., against E. S. -Davis and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court. The suit was against the two sureties alone, and the administrator was not made a party to the suit by said distributees.

Hon. W. H. Potter, Judge. . Action by the Shapleigh Hardware Company against M. A. Lewis and others. From a judgment for the. defendants, the plaintiff appeals. The facts are fully stated in the opinion of the court. We will be pleaséd to have the court decide the question claimed by appellees’ attorneys to be the only one in the ease.

Hon, Q-. C. Tann, Chancellor. Suit between Mrs. Bessie McCrory and others and B. H. Donald. From a decree rendered, the former appeals. The facts are fully stated in the opinion of the court.

<p>Appeal from the chancery court of Adams county.</p> <p>Hon. E. W. Cutber, Judge.</p> <p>On Motion To Cobeect Judgment.</p> <p>The facts are fully stated in the opinion of the court.</p>

G. C. Tann, Chancellor. Actions by the board of Supervisors of Lauderdale County against the Guaranty Loan, Trust & Banking-Company and the First National Bank of Meridian and against the Citizens National Bank of Meridian. From a judgment for defendant, in each case, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. W. Heidleberg, Judge. Sid Jackson was convicted of burglary and appeals. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. Link Morris was convicted in the circuit court, on appeal from a justice of the peace, and appeals. The facts are fully stated in the opinion of the court.

Hon. G. C. Tann, Chancellor. Action between B. C. Gladdis and W. F. Clegg. From a decree for Clegg, Gladdis appeals. The facts are fully stated in the opinion of the court.

Hon. H. H. Eodgers, Judge. Suit by Mrs. Ludie Kennedy Gray and others against the Illinois Central Eailroad Company. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. B. F. Jennings, Sr., was convicted of pointing a pistol at another, and appeals. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. B. J. Jennings, Sr., was convicted of carrying a concealed pistol, and appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Dan Barnes was convicted of murder and appeals. The facts are fully stated in the opinion of the court. The fifth instruction granted by the state, we submit, was very prejudical to the: defendant and is simply vicious. This instruction also embodies an abstract proposition of law, and is condemned in the Riley case, the Cumberland case, and the Gordon case, supra. But that is not all.

Hon. E. D/. Dinkins, Judge. Suit by Robert McCaskell against the Yazoo & Mississippi Yalley Railroad Company. From a judgment for plaintiff on peremptory instruction, defendant appeals. The facts are fully stated in the opinion of the .court.

Hon. H. E. Weathersby, Judge. Suit by W. H. Lay against the Great Southern Lumber Company. From a judgment for defendant, the plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. H. J. McIntyre, Chancellor. Suit by the People’s Bank & Trust Company against Stokes V. Robertson, State Revenue Agent, for an injunction. Degree for complainant, and respondent appeals. Lower Town Creek swamp land district No. 2 of Lee county was organized under sections 371 to 391, inclusive, of the Code of 1906, and the amendments thereto.

Hon. Will Denny, Jr., Chancellor. Suit by T. H. Leggett and another against R. S. Burke, as Sheriff and Tax Collector, to enjoin the collection of a special tax. From a judgment for plaintiffs, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Suit by Charles' Bogdahn and others against the Pascagoula Street Bailwav & Power Company. Prom a judgment for the named defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Counsel next contend that there was a full and complete settlement between the telephone people and the appellant, which, as a matter of law released appellees. Counsel cite a number of authorities upon that point.

Hon. Paul B. Johnson, Judge. Suit by L. B. Geigor against the City of Hattiesburg. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. IT. Weathersby, Judge. Cooper Polk was convicted in the Mayor’s Court of the Town of Sumrall, of violating a city ordinance, and appeals. The facts are fully stated in the opinion of the court.

Hon. W. M. Denny, Jr., Chancellor. Suit by the Security Trust Company against P. Bougslog, and others, partners doing business at the Coast Realty and Colony Company. From a decree overruling their separate demurrers to the bill of complaint, certain of the defendants appeal. The facts are fully stated in the opinion of the court.

Hon. H. H. Rogers, Judge. Oscar Lamb was convicted of knowingly and feloniously receiving from the cashier of a bank a certain draft alleged to have been unlawfully secreted by the cashier, and appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. Action by W. B. Boykin against T. C. Simpson. Judgment for plaintiff in justice court. Prom an order of the circuit court dismissing the appeal, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. Suit by Morris Bosenstock against Mrs. Fanny M. Tardy and others. From a judgment for plaintiff, certain of the defendants appeal. The facts are fully stated in the opinion of the court.

Hon. Joe May, Chancellor. Suit by Monroe Nickerson against Fithian Land Company and others. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. On motion to correct judgment. Motion overruled. For former opinion, see 79 So. 65. The facts are fully stated in the opinion of the court.

Hon. Joe Mat, Chancellor. Suit by P. S. Richardson and others against F. R. Sims and others. From a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court.

Hon. H. H. Elmore, Judge. Proceeding by' the Kratzer Cured Lumber Company against the town of Moorhead to set aside an ordinance extending the corporate limits. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

IIon. II. H. Elmore, Judge. Suit by Mrs. M. A. Woods against the Town of Indianola. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Paul B. Johnson, Judge. Suit by G. L. Hawkins, Trustee, and the Warren- Gee Lumber Company, against the Scottish Union & National Insurance Company. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

Hon. A. E. Weathersby, Judge. Suit by Graham against the Mississippi Central Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. E. D. Dinkins, Judge. Suit by Kennedy & Company against Simon D. Stewart. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

•Hon. W. A. Alcorn, Jr., Judge. Petition for mandamus by the Cotton Exchange Bank against the Cleveland State Bank. From a judgment for plaintiff, the defendant appealed without bond. Motion to dismiss appeal overruled. The facts are fully stated in the opinion of the court.

Hon. H. H. Elmore, Judge. Suit by Stokes Y. Robertson, State Revenue Agent, against the Greenwood Lumber Company. Cause dismissed, and plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Joe Mat, Chancellor. Bill by Charles Banks against T. 0. Banks, in which defendant made her answer a cross-bill, asking for alimony but not demanding a divorce for herself. From a decree denying divorce to complainant, awarding alimony to defendant, and setting apart complainant’s residence to defendant, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylor, Chancellor. Bill by the City of Jackson against A. N. Kimball, with cross-bill by defendant. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The single assignment of error is that the lower court erred in sustaining the demurrer.

Hon. H. H. Elmore, Judge. Proceeding by W. M. Whittington against the Board of Supervisors of Leflora County, to review an assessment. Prom a judgment for plaintiff, defendant appeals. Held: “The words ‘assessed’ and ‘taxed’ in Sess. Laws 1903, chapter 731, sec. 29, were used interchangeably by the legislature, and were intended to express the same meaning.” State ex rel. Fleming, 97 N. W. 1063, 70 Neb. 529.

Hon. Paul B. Johnson, Judge. Suit by the First National Bank of Laurel against Mrs. M. L. Dunagin. From an order transferring the case from the circuit court to the chancery court, defendant appeals. The facts are fully stated in the opinion of the court. There will be no dispute as to the preliminary propositions, to wit: (1) By the Constitution the circuit court has exclusive jurisdiction of all matters not conferred on some other tribunal, (sec. 156).

Hon. Paul B. Johnson, Judge. Suit by Berry Lott against the Mississippi Central Eailroad Company. From a judgment for plaintiff, defendant appeals. Appellee, as plaintiff in the court below, instituted this action against appellant to recover damages claimed to have been sustained through the negligence of defendant' from alleged defective “grabiron” on a freight car.

Hon D. M. Bussell, Chancellor. Bill by M. A. Brown, State Land Commissioner, against W. H. Alexander and others, wherein cross-bill was filed. From a decree for defendants on their cross-bill, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. Proceeding between Ed McGraw and the Yazoo & Mississippi Valley R. R. Co. From an adverse decision, the Railroad Company appeals. The facts are fully stated in the opinion of the court.

Hon. J. G. McGowan, Chancellor. Suit by Bank of Commerce against J. C. Perry. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. Claude Clayton, Judge. Suit by W. C. Elder against the Southern Eailway Co. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Porter, Judge. Suit by the Southern Coal Company against the Yazoo Ice & Coal Company. From a judgment against plaintiff on demurrer, it appeals. The facts are fully stated in the opinion of the court. Appellees liable as co-partners under tbe Constitution of Mississippi.

Hon. Paul B. Johnson, Judge. Suit by B. S. Hall against the Continental Casualty Company. From a judgment for pláintifí, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by S. Morris against Covington County. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Held: “Though the state legislature has control of the highways of the state, it cannot cause a highway to be wholly or partially closed without providing compensation to abutting owners.” See also, King v. Mayor, 102 N. Y. 172. .

Hon. J. G. McGowen, Chancellor. Bill by A. Olsen against the Board of Supervisors of Grenada county. Prom a decree overruling a demurrer to the bill, the defendant appeals. The facts are fully stated in the opinion of the court.

Hon. J. H. Neville, Judge. Suit by W. W. Faulk against the Gulfport & Mississippi Coast Traction Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We respectfully contend: 1. That this was no jury case; 2. It was no part of Faulk’s business to crank the Ford. He was a mere volunteer.