Volume 119 — Mississippi Reports

Hon. H: H. Rodgebs, Judge. ' Suit by J. D. Frazier against D. D. Dempsey and others. Prom a judgment for plaintiff, defendant named appeals. The facts are fully stated in the opinion of the court. A father is not liable for the torts of a minor son, unless the relation of master and servant exists between 119 Miss.] them. Ill this case, the father made his son a present of the car, which the son used as a service car and for profit unto himself alone.

HoN. J. H. Neville, Judge. Suit by J. W. Somerville against Henry Piaggio. Prom a judgment for plaintiff, defendant appeals. Held: That M was not hound to take and pay for the butter made. Keeping twenty cows during- the season was a condition precedent.” Oakley v. Martin, 62 Am. Dec. 49; Standard Construction Co. v. Broutley Granite Co., 90 Miss. 16; Cleary v. Morson, 94 Miss. 278; Brennan v. Brennan, 185 Mass. 560, 102 Am.

HoN. O. B. Taylor, Chancellor. Suit between G. E. Smith and others and R. H. Chil-dress and others. From a judgment for the latter, the former appeals. The facts are fully stated in the opinion of the court.

Hon. H. H. Hughes, Judge. Suit by Miss Emma Crawford against tbe town of D’Lo. From a, judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. Tbe demurrer is on tbe theory that tbe town cannot be’rendered liable for the torts of its officers or agents. This is not , tbe case where plaintiff seeks to bold liable a municipal corporation for tbe acts .of its agents or officers, except where such acts are wilful, and ratified by.

of Warren county. HoN. E. L. BrieN, Judge. Replevin by the National Cash Register Company against John Hude. From the judgment rendered, the plaintiff appeals. The facts are fully stated in the opinion of the court. The plaintiff’s declaration and the defendant’s pleas and notice presented to the court below two issues and only two for dedsion, both mixed, involving questions of fact and law.

Hon. 0. B. Taylor, Chancellor. Suit by J. C. McGee against W. L. Brimm and others. From a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. E. L. BeieN, Judge. Suit by the First National Bank of Vicksburg 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.

Hon. J. D. Carr, Judge. Suit by Tee Anderson against W. H. Owen, Receiver of the N. 0., Mobile & Chicago R. R. Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. A. J. McIntybe, Chancellor. Suit by J- E. Bradley against the Hammond-G-regg Co. From a decree overruling a demurrer to the bill, the defendant appeals. The facts are fully stated in the opinion of the court. In this argument, we shall confine ourselves to the fourth ground in the demurrer: There is no equity in the hill. A reading of the authorities cited will reveal a good discussion of the other grounds.

HoN. J. H. Neville, Judge. Suit originally in justice of the peace court by Clifford King against the Louisville & Nashville Eailroad Company. From a judgment in the circuit court for plaintiffs, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. J- H. Neville, Jndge. Suit by Mrs. Prances Pizatti against Mrs. John Alonzo Woodville. Prom judgment for plaintiff, defendant appeals. ■ • The facts are fully stated in the opinion of the court. I submit that the words spoken are not slanderous at all, much less slanderous per se. The appellant contends that the words alleged were not spoken at all.

Hon. J. H. Neville, Judge. Suit by McCloskey Bros, against the Hood Milling Co. From a judgment for defendant, plaintiff appeals The facts are fully stated in the opinion of the court. The court below should not have given the peremptory instruction. If an instruction directing a verdict was proper, it should have been given to the appellant, rather than appellee.

Appear from thp chancery court of Forrest county. HoN. Will DeNNY, Jr., Chancellor. Suit by the Merchants’ Grocery Company against the Merchants’ Trust & Banking Company. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.

IioN. J. A. Teat, Special Judge. Suit by Mrs. Rose M. Calm against Samuel Wright, Judgment for defendant in circuit court, on appeal from unlawful entry and detainer court, reversed and remanded by supreme court. On motion to retax cost. The facts are fully stated in the opinion of the court. This was a suit for unlawful entry and detainer, begun in the court of W. H. Cooley, a justice of the peace of LeFlore county, by the appellant, Mrs. Rose M. Cahn.

HoN. J. H. Neville, Judge. Suit by Stokes Y. Robertson, State Revenue Agent, against the Southern Paper Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. .

HoN. W. A. AlcoeN, Judge. Suit in replevin by Sam Lucas against E. E. Scarborough. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

IioN. Lamae F. Easteelotg, Chancellor. Suit by L. T. G-. Howard against Madison County and others. Defendant’s motion to dissolve injunction being overruled, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. Paul B. JoHNson, Judge. On suggestion of error for former opinion, see 80 So. 28g. The facts are fully stated in the opinion of the court.

HoN. S. J. OsboRN, Special Judge. Suit by S. E. Jones against A. J. Estes. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Joe May, Chancellor. Bill by Jake Fink against John R. Miles and others. From an.order denying a motion to dissolve an injunction, defendant appeals. The facts are fully stated in the opinion of the court.

<p>1. Peocess. Service by publication. Sufficiency of affidavit. Compliance with statute.</p> <p>It is of the highest importance that parties interested receive summons or notices and where publication is substituted for summons, the proceedings required by statute must be strictly followed.</p> <p>2. Peocess. Service by publication. Sufficiency of affidavit.</p> <p>Under the Code of 1906, section 3920 (Hemingway’s Code, section 2927, providing for service of summons by publication, where such service was sought and the bill and affidavit for such publication gave the residence of defendants, but failed to state that such place was also this post office address, or that their post office address was unknown, such service was insufficient.</p> <p>3. Paetition. Qualifications of commissioners. Interest in suit.</p> <p>In a suit for partition where some of the parties are minors, it is inconsistent for the same person to be quardian ad litem for for some of the parties to the suit and at the same time a commissioner to make and report a sale.</p>

Hon. G. C. Tann, Chancellor. The Citizens’ National Bank of Meridian appealed to the circuit court from an order of the hoard of supervisors of Lauderdale county, and from judgment of that court, the board appeals. See also 79 So., 802. The facts are fully stated in the opinion of the court.

HoN. A. J. McINtyre, Chancellor. Suit by the Mobile & Ohio Railroad Company against O. T. Trapp, Tax Collector of Lee County, for recovery of certain taxes paid and to enjoin the collection of others. Prom a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. G. MqGowAN, Chancellor. Proceedings to partition the estate of Van C. Davis, deceased, in which M. E. Powell, clerk of the chancery court, was appointed commissioner to make the sale. Held: and the judgment creditor had gone to the sale and bid in the property, the sheriff would have been entitled to his commissions on the amount of the plaintiff’s bid, as this would have been equivalent, in legal contemplation, to so much money made and paid over to the sheriff.

Host. W. M. DeNNy, Jr., Chancellor. Bill by O. F. Moss against the Kansas City Lumber Company and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. E. N. Thomas, Chancellor. Suit by A. Dees against Mrs. Carrie Kingman in which defendant made her answer a cross-bill. From a decree for defendant, plaintiff appeals. The facts are fully stated n the opinion of the court.

Hon. A. Y. Woodwabd, Chancellor. Suit for injunction by T. L. Hembree and others against Oscar Johnson and others. Held: “Mortgage foreclosure proceedings could be maintained though the debt be barred by limitations.” But it is our contention that in. the case at bar the debt incurred in the year 1913 on open account is not barred and that by the terms of the contract entered into between Hembree and Johnson the same could not be barred in six years.

HoN. E. N. Thomas, Chancellor. Suit hy J. L. McLendon against J. E. Bradbury. Prom a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. J. H. Neville, Judge. Ida Murphy was convicted of assault with intent to kill and appeals. The facts are fully state in the opinion of the court. Counsel for the state cite the case of Vail v. State, 94 Miss. 365, in which it was held that the error of the instruction complained of in that case was cured by one given for the defendant. It further appears that there was another witness to nearly all the material facts of the case.

HoN. E. L. BeieN, Judge. Suit by Noble M. Hullum against tbe Yazoo & Mississippi Valley Eailroad Company. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in the opinion of tbe court.

Hon. Gr. C. Tann, Chancellor. Proceeding for allowance of claim of Merchants’ & Farmers’ Bank, against the estate of C. Phillips, deceased. After order taken by W. J. Kelleher, administrator, disclosing estate insolvent, from an order preferring otter claims, to the exclusion of the Merchants’ & Farmers’ Bank, it appeals. The facts are fully stated in the opinion of the court.

HoN. Lamak F. EasteRliNg, Chancellor. Motion by the Bank of Hickory against John A. May, * Sheriff, and United States Fidelity and Guaranty Company. From a decree for defendants, complainant appeals. The facts are fully stated in the opinion of the court.

Hon. J. G. McGowen, Chancellor. Suit by Monroe Gotten against the board of trustees of the University of .Mississippi. Held: “The general public, considered apart from legally organized or political entities, being incapable of receiving a grant, cannot acquire a prescriptive right to an easement. ’ ’ That is why it takes more proof to establish a prescriptive easement when it is simply claimed on behalf of the general public than when it is claimed on…

Hon. Gr. C. TaNN, Chancellor. Suit hy Winner, Klein & Co. and others against Bessie McCrory, wherein B. H. Donald, trustee in bankruptcy… Held: “Under Code 1892, section 2294 (Code 1906, section 2522), providing that a conveyance between husband and wife shall not he valid against third persons unless it is filed for record, a conveyance between husband and wife is not to be avoided as against a third person who did not become a lien creditor until after the conveyance was…

IioN. A. J. McINtyee, Chancellor. Habeas corpus proceedings by Harmon Dnncan b^' next frend, Amanda Dnncan, against Geo. B. Dnncan, and others. From a decree granting the petition, -Geo. B. Dnncan and others appeal. The facts are fully stated in the opinion of the court.

HoN. Thos. B. Caeeoll, Judge. Proceeding’s in quo warranto by the state on relation of G. J. Rancher, District Attorney, to remove Thomas McHenry from the office of Supervisor of District No. 2 in Noxubee County. From a judgment for the state, defendant appeals. The facts are fully stated in the opinion of the court.

<p>Equity. Pleading. Answer and demurrer to hill.</p> <p>Where the gravaman of a bill was an alleged combination and conspiracy of a trustee and defendants to defraud complainants, and defendants demurred and filed an affidavit denying the alleged combination and conspiracy to defraud — in such case, regardless of the intention of the pleader to address the answer to those averments- of the bill charged or attempting to charge fraud, the answer in fact is to the whole bill, denying as it does every material averment. This being so, the answer overruled the demurrer.</p>

HoN. J. L'. Bates, Judge. Suit hy W. T. Smith against the Illinois Central Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts of this case are fully set out in the opinion.

HoN. J. H. Neville, Judge. Claim- by J. W. Yairin, Sheriff, against Hancock County. The claim was disallowed by the hoard of supervisors and on appeal to the circuit court judgment was rendered for the sheriff and the county appeals. The facts are fully stated in the opinion of the court. We contend that the circuit jndge erred for many reasons.

HoN. W. H. Potter, Judge. Corry Gordon was charged by the city of Jackson with unlawfully having certain liquors under his control or in his possession, was found guilty and appealed to the circuit court, where being acquitted, the city appeals.. The facts are fully stated in the opinion of the court.

<p>1. States. Powers. Relation to United States.</p> <p>Under section 10 of the amendments of the Constitution of the United States, all powers not granted to the national government and not prohibited to the states are reserved to the states respectively or to the people. Under this provision, the supreme court of the United States had decided that all powers relating merely to municipal legislation or Jo internal police are not surrendered by the states and in relation to these, the powers of a state are unqualified and exclusive.</p> <p>2. Railroads. Federal control. Jurisdiction of state courts.</p> <p>The act of Aug. 29, 1916, section 1 (U. S. Comp. St. 1918, section 1974A), Act March 21, 1918, sections 10-13-15 (U. S. Comp. Stat. 1918, sections 3115 3-4], 3115 3-4m, 3115 3-4o), and presidential proclamation of December 26, 1918, and April 11, ' 1918, did not prohibit state courts from entertaining jurisdiction and proceeding to judgment in all cases against railroads as heretofore; the only purpose being to prevent states from seizing property necessary to be used in the maintenance of the transportation system of the country for the use of the national government.</p> <p>3. Railroads. Federal control. Jurisdiction of state courts. Word “mesne."</p> <p>Under the Act of August 29, 1916, section 1 (U.. S. Comp. St. 1918, section 1974a), Act of March 21, 1918, sections 10-13-15 (U. S. Comp. St. 1918, sections 3115 3-4j, 3115 3-4m, 3115 3-4o), and the presidential proclamation of December 26, 1918, and April 11, 1918, state courts could entertain jurisdiction of actions against a non-resident railroad wherein a debt owing defendant by a railroad running through this state was, whether or not an execution could be levied. The proclamation of the president, prohibiting execution or other mesne process, does not prevent and was not intended to prevent a proceeding of the character here involved. The word “mesne" means intermediate, intervening; the middle between two extremes.</p> <p>4. Appeal aot> Error. Disposition of cause. Reversed in part. Where the chancellor erroneously held that he had no jurisdiction,</p> <p>the supreme court, on reversing his decree, will not affirm as to a portion of defendants, on the theory that the cause having been set down for hearing, less than four months after their answer was filed, the answer must be taken as true, but will reverse and remand in accordance with the law.</p>

HoN. A. T. Woodwabd, Chancellor. Suit by H. A. Huston, administrator of the estate of A. M. Byrd, against J. D. King, administrator of the interest of A. M. Byrd, deceased, in the partnership property of King & Byrd. From a decree denying the relief sought, and awarding damages, to defendant, complainant appeals. The facts are fully stated in the opinion of the court.

HoN. H. H. Elmoee, Judge. Petition by the Delta Lumber Company against J. N. Wall and wife for a menehanic’s lien upon a house erected on land belonging to the wife, but for no lien on the land. From a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Mandamus by D. W. Guy, Sheriff, to enforce the payment by J. P. Taylor, State Treasurer, of a warrant issued to Mm. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. J. G. McGtOweN, Chancellor. Suit by W. T. Dye and others against J. L. Brewton and others, as Mayor and Board of Aldermen of the Town of Sardis, seeking an injunction against the issu-anee and sale of bonds of the Sardis separate school district. From a decree dismissing the bill, complainants appeal. The facts are fully stated in the opinion of the court.

Appeal 'from the chancery court of Quitman county. HoN. Joe May, Chancellor. Bill by Dave Smith against Dr. J. V. Cook. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Joe Mat, Chancellor. Bill by Stoltes v. Robertson, State Revenue Agent, against A. C. Pearman and others. Prom a decree for complainant, defendants appeal. The facts are fully stated in the opinion of the court. The allegations of this bill are practically the same as those in the bill of Lincoln County v. Green, Id., being 17,751 in this court.

HoN. J. G-. McGoweN, Chancellor. Suit by Mrs.'L. J. Walton and other against Vernon Mallory and others. From the decree rendered, defendants appeal. The facts are fully stated in the opinion of the court. We respectfully submit that this case should be reversed and decree entered in this court confirming the title in the defendants.

TIoN. Paul B. JohNSON, Judge. Suit by W. T. Raleigh Company against E. 0. Denham and others. Prom the judgement rendered, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. Joe May, Chancellor. Bill by Mrs. Pearl Marx and others against C. H. Hale and others. Demurrer to bill sustained and complainants appeal. The facts are fully stated in the opinion of the court.

HoN. H. H. Elmoke, Judge. Suit by W. A. Morrison against C. N. D. Campbell. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We shall take up the various objections separately and briefly discuss them and present our authorities to sustain them. First: Because the action of the board in making the alleged contract, if ever made, with the defendants, was absolutely ultra vires, and therefore not enforcible.

HoN. Claude ClaytoN, Judge. Action by Scudder-Gales Grocery Company against Reinzi Grocery Company. Prom a judgment for de-. fendant in the justice court, plaintiff appealed to the circuit court. Appeal dismissed. From a' denial of a motion to re-instate the appeal, plaintiff appeals. The facts are .fully stated in the opinion of the court.

Hon. Claude ClaytoN, Judge. Suit by F. K. McRae against J. A. Browning. From a judgment for defendant on appeal from a justice court, plaintiff appeals. The facts are fully stated in the opinion of the court. It will readily he seen from the record that two distinct issues were raised in this case, to-wit: First, was Browning really the tenant of McRae? Second, was he indebted to McRae for supplies furnished on the account exhibited?

Hon. D. M. Russell, Chancellor. On motion to re-instate appeal. For former opinion see 80 So. 647. The appeal in this case was dismissed on a former day of this court, and motion is now made to reinstate, and it is insisted that the attorney instituting the suit had the right to appeal regardless of the direction of the land commissioner to have the cause nonsuited, from which judgment of nonsuit the appeal is attempted to be prosecuted.

HoN. W. M. DeNNy, Jr., Chancellor. Suit by Mrs. Francisco Pizzati against Eobert Wood-ville and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

HoN. Joe May, Chancellor. Bill by L. Marks’ Sons against the West Tennessee Grain Company praying an attachment of certain funds alleged to be held in the Exchange Bank of Friars Point, Mississippi, and the Bank of Clarksdale, Mississippi, by amended bill the Commercial Bank of Obion, Tennessee, was made a party defendant, as co-war-rantor. Bill dismissed and complainants appeals. Judgment as to liability rendered and cause reversed and remanded for assessment of damages.

Hon. J. H. Neville, Judge. Suit by Mrs. J. W. Hurley and others against the Dantzler Shipbuilding & Dry Docks Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It will be noted at the outset that liability against appellant'in this case was predicated on the relation of carrier and passenger which it was alleged existed between appellant and deceased Hurley.

Hon. W. M. DeNNY, Jr., Chancellor. Bill by Live Stock Sanitary Board against Peter McMillan to enjoin defendant from violating orders of the board. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The bill in this case was drawn to compel appellant to obey the laws and to restrain him from committing a crime.

HoN. W. M. DeNNy, Jb., Chancellor. Suit by S. L. Heidelberg and others against T. E. Batson, Mayor and others. From a decree sustaining defendant’s demurrer, plaintiff appeals. Held: etc., laws on the issuance of bonds. In order to see how far reaching chapter 209, Laws 1918 is, we will refer to some of the statutes repealed or modified by it, if its prohibition applies to bonded indebtedness.

HoN. E. N. Thomas, Chancellor. Bill by Addie Schrader against Emma Schrader. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. As is stated in the main brief filed on behalf of the appellant this case clearly falls under the authorities described as constructive trust arising out of fraud. We wish to detail here a few of the cases which we think cover the various phases of the present record.

HoN. E. L. BkieN, Judge. S. H. Williams was convicted of larceny and appeals. The facts are fully stated in the opinion of the court. Held: and the authorities are too numerous to mention on this occasion, that the very fact that a man’s reputation had not been discussed would indicate that his reputation was good. We all know of men whose reputation we have never heard discussed but whose reputation we would certify to be good in the community in which they live.

HoN. J. Gr. McGoweN, Chancellor. Suit by W. E.' Jagoe and another against The Carrier Lumber & Manufacturing Company. Prom a decree for defendants, plaintiffs appeal. The facts are sufficiently stated in the opinion of the court.

HoN. Claude ClaytoN, Judge. Suit in ejectment by James Isbel against H. S. Gilleylen and others. From a judgment of plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The circuit court has no jurisdiction to entertain a suit based op a controversy between claimants to the right of possession of Government homestead land before the issuance of patents. This is the point raised by defendant’s plea in abatement.

HoN. A. J. MclNTYRE, Chancellor. . Suit by Gr. T. Jordan against W. T. Bennett receiver and others. From the decree rendered, both sides appeal. The facts are fully stated in the opinion of the court.

TIon. Joe May, Chancellor. Bill by Mrs. C. Berry against P. H. Lowrey and others, trustees in which the defendants filed a cross-bill. Prom a decree overruling complainant’s demurrer to cross-bill, she appeals. The facts are fully stated in the opinion of the' court.

Hon. R. W. Cútele, Chancellor. Suit by Mrs. Viola Reynolds and others against J. T. Wilkinson and others. Judgment for defendants and plaintiffs appeal. Motion to correct certificate of clerk overruled and judgment affirmed in part and reversed in part. The facts are fully stated in the opinion of the court.

HoN. H. H. Elmoke, Judge. Suit by A. Platt and wife against J. N. Hutchinson. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. Joe May, Chancellor. Bill by M. E. Robertson-against the Board of Supervisors of Leflore County. Bill dismissed and complainants appeal. Held: in which authority is given to issue these bonds, that all of said bonds are not to be issued at once, but only in “blocks” of not exceeding $100,000 as needed,” and when issued the bonds are not to mature, under section one of said Act, later than twenty-five years from their date, the bonds when issued, to be paid in equal…

HoN. Joe May, Chancellor. On motion to correct allowance of attorney fees. For former opinion see 80 So. 647. The facts are fully stated in the opinion of the court.

HoN. R. W. CutRer, Chancellor. Suit by Robt. Lewis and others against Eugene H. Roberts and others. Held: “Code 1906, sec. 4332, providing that no tax sale shall be invalidated except, by proof that the land was not liable for taxes, or that the taxes had been paid before sale, or that the sale had been made at the wrong time or place, presupposes that land has been validly assessed and limits the defenses that may be made to a tax…

HoN. A. J. McIntyhe, Chancellor. Suit by C. D. Aycock and others by W. J. Williams, guardian, ad litum, against J. W. Aycock. From a judg-for the latter, the former appeals. The facts are fully stated in the opinion of the court. The only question presented in the record in this ease is whether the father shall take the land to the exclusion of the brothers and sisters of the half blood.

Aureal from the chancery court of Sunflower county. HoN. E. N. Thomas, Chancellor. Bill by Joe B. Baird and others against the United States Fidelity & Guaranty Company. Defendant’s motion to set aside decree pro confesso and final decree for plaintiffs being denied, defendants appeal. The facts are fully stated in the opinion of the court. Appellant’s Contentions. “Good canse” shown for setting aside decree pro confesso and allowing time to answer.

IioN. A. J. MgINTyee, Chancellor. Snit by Mrs. A. L. Covington against L. S. Tally. From a decree for complainant, defendant appeals. ' The facts are fully stated in the opinion of the court.

W. H. Potter, Judge. Suit by Walter Davis, by next friend, against the Jackson Light & Traction Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. (No brief of counsel found in the record.)

' county. HoN. D. M. Miller, Judge. Suit by S. M. Dalton against J. W. Ashley. From a judgment for plaintiff, defendant appeals. Held: without a single exception, so far as we are able to find, that a marriage promise made before the b.onds of the former union have been dissolved does not render invalid the second promise after divorce. “A marriage promise made by a man before the bonds of a former union have been dissolved does not render.invalid a second promise…

‘HoN. W. M. DeNNY, Chancellor. Suit by the L. N. Dantzler Lumber Company against W. W. Wally and R. W. Wally. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The case of Washington i\ Sorai, 73 Miss. 665, is an authority for the appellant. That was a suit upon a deed, against the grantee therein, in which deed it showed upon the face thereof that one thousand dollars of the purchase money was unpaid.

Hon. D. M. .Millek, Judge. Taxation proceedings by Lincoln County against Louis Cohn & Bros. From a decision of the board of supervisors of the county as to assessments, the owner appealed. The County’s motion to dismiss the appeal was sustained and the owners appeal. The facts are fully stated in the opinion of the court.

HoN. H. H. Elmoee, Judge. Separate proceedings in quo warranto by the state on the relation of Eoss A. Collins, Attorney-General, against J. S. Jackson and others. Judgment for respondents, on demurrer, and relator appeals. ■ The facts are fully stated in the opinion of the court. No brief of counsel on either side found in the record.

Hon. Lamar F. EastebliNg, Chancellor. Attachment in Chancery, under Code 1906, section 537 (Hemingway’s Code, section 294), in which A. M. Redmond was complainant and the Illinois Central Railroad Company the principal defendant. From a decree for complainant, defendant appeals. The statutes of Tennessee involved in this case are as follow's: “3073 (4927e) 2363.

HoN. J. H. Neville, Judge. Action by L. N. Dantzler Lumber Company a gain á? J. C. Locke, tax collector. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court. No brief of counsel for either side found in tbe record.

HoN. J. G. McGoweN, Chancellor. Suit by the United States Fidelity & Guaranty Company against the estate of G. W. Cole, deceased, and the National City Bank, and another. From the decree rendered the estate of G. W. Cole deceased and the National City Bank, appeal. For statement of facts see 116 Miss. 239. No brief of counsel found in the record.

Hon. E. L. Brxen, Judge. Suit by Mrs. Bertha Anderson against the Pullman Company. Prom a judgment for plaintiff, defendant appeals.

G. 0. TaNN, Chancellor. Bill of interpleader by the hoard of trustees of the South Mississippi Charity Hospital against the United States Fidelity & Guaranty Company, of Baltimore, Maryland, the Marathon Lumber Company and others. From a decree in favor of the Marathon Lumber Company and others, the United States Fidelity & Guaranty Company of Baltimore, Maryland, and others appeal, affirmed.

HoN. O. B. Taylor, Chancellor. Bill by the Floyd Willis Cotton Company against John Penick and others. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. It is axiomatic that complainant, seeking to confirm his title, must show perfect title. We submit that complainant has not done so in this case.

IioN. R. W. Heidelbeeg, Judge. Suit by Mrs. Sarah B. Toney against L. C. Monette and others. From, a judgment for plaintiff, defendant, Monette, appeals. The facts are fully stated in the opinion of the court. As we talie it, the question presented by this appeal is, what is the true meaning and interpretation of section 1448 of the Code of 1906 in the light of section 23 of the Constitution of 1890.

Horn Paul B. JOHNSON, Judge. Action by C. C. Eure against E. F. Stollenwerch. On appeal to the circuit court there was judgment for plaintiff against defendant and the United States Fidelity & Guaranty Company, surety on appeal bond, and Stollenwerch appeals. The facts are fully stated in the opinion of the court. i It is apparent that learned counsel for appellee misconceived the import of the pleadings and the issue involved.

Hon. W. A. Talcorn, Jr., Judge. Petition for mandamus by the Cotton Exchange Bank against the Cleveland State Bank. Prom a judgment ordering a peremptory writ, respondent appeals. See, also, 79 So. 810. The /facts are fully stated in the opinion of the court.

IioN. R. E. JacksoN, Judge. Suit by Clarence McNeely against the Yazoo & Mississippi Yalley Railroad Company. Held: “Where a defendant, sued in the county court of Eutland, pleaded in abatement that she was not a resident of the county of Eutland, but was a resident of Woodstock in the county of Windson, and on issue thereon joined the court found the fact that defendant was not a resident of Eutland, but did not find where she resided, and…