Volume 120 — Mississippi Reports

HoN. D. M. Russell, Chancellor. Bill by W. C. Winborn against Craig Nye and others who filed an answer, and. cross-hill. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. A. J. McIntyke, Chancellor. Bill by the Aberdeen Realty Company; against Paine’s Chapel of the African Methodist Espiscopal Church, and another. Froni a decree for plaintiff, defendant appeals.

IioN. W. M. DeNNy, Chancellor. Snit by R. L. Stewart against Coleman & Co. Suit dismissed and complainant appeals. The facts are fully stated in the opinion of the court. Possession of an insurance policy raises a presumption of validity, delivery and regularity in all respects, and also payment of premium. Gardner v. United Surety Go., 26 L. R. A. (N. S.) 1004; Massachusetts Ben. Life v. Sibley, 42 N. E. (Ill.) 137; Jones. v. New York• Life Ins.

Suit by Francis Shaw against -Hancock County. From a judgment for plaintiff the county appeals. The facts are fully stated in the opinion of the court. This case is based solely bn the question of whether the county can be made to pay for any stock-that was killed prior to the passage of the act giving a cause of actiort. Suit in this cáse was of course filed under and by virtue of chapter 38 of the Laws of the Special Session of 1917.

HoN. Joe May, Chancellor. Suit by W. W. Stamps against Mrs. Mary.E. Jones. From a decree for plaintiff, defendant appeals. The facts are fully stated in .the opinion of the court.

Hon. R. S. Hall, Judge. Suit by J. M. Steverson against the McLeod Lumber Company. From a judgment setting aside a default judgment and quashing the execution issued thereon, plaintiff appeals. Held: is tried when the court is. without jurisdiction, apd the judgment of' conviction is void.” See, also, Norwood v. Louisville & Nashville Railroad .Company (Ala.), 42 So. 683; Forbus v. State, (Ala.), 48 So. 592; F-arr v. State, 33 So. 66'0.

HoN. J. G. McGoweN, Chancellor. Suit by E. L. Godwin, Administrator C. T. A. and others against Mark Hill and others. From a decree overruling demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court.

IloN. J. D. Bates, Judge. Suit hy .C. C. Nutt against the Gulf, Mobile & Nathen Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN. A. T. Woodwabd, Chancellor. Proceeding to establish a drainage district. From an order that the drainage commissioners’ report, to which objections were filed by Charles strong and others, be referred back to the commissioners, the drainage commissioners appeal. The facts are fully stated in the opinion, of the court..

Hon. W. M. Denny, Chancellor.' Bill by Bertha A. Vitter against William Crago, who filed an answer and' cross-hill. From a decree for complainant defendant appeals. The facts are fully stated in the opinion of the. court.

IloN. Claude ClaytoN,' Judge. Suit by attachment by W. F. Blair and wife against Frank B. Russell & Co.,, a partnership. From a judgment for (defendant,' both on. the attachment and debt issues, plaintiffs appeal.

IioN. A. E. Weathersby, Judge. Suit by A. J. Higgins Lumber and Export Company against F. V. B. Price. Suit dismissed, and plaintiff appeals. The facts are fully stated in the opinion of the court.

<p>Counties. Claim against. Presentation to hoard of supervisors.</p> <p>Under Code 1906, section 311 (Hemingway’s Code, section .3684), a property owner who, is damaged by’a change of the location of a public road, must, before bringing a suit against the.county, present his claim for damages to the board of supervisors for allowance.</p>

.Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Attachment for rent by H. B. Dunn against one McKeener, in which J. & B. Hart filed a claimant issue. Held: that the real issue between those two parties was as to the ownership of the property; this case also construed section* 2871 of the Code of 1906.

' ' > IloN. Claude Clayton, Judge. Suit by Jesse Jackson against the St. Louis & San Francisco Railway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.

How. A. E. Weathersby, Judge. Suit by Benjamin Yeager against the Coast Shipi Company. From a judgment for plaintiff, defendant appeals.. The facts are fully stated in the opinion of the court.

Hon. J. L. Bates, Judge. Proceeding by States V. Robertson, -State Revenue Agent, against the Mississippi Valley Company. Prom a judgment for defendant, the revenue agent appeals. The facts are fully stated in the opinion of the court.

Hon. W. A. Alcorn, Jr., Judge. George Graham was convicted of murder and appeals. See also 80 So. 789. Held: that the record affirmatively shows a trial by only eleven men, In the case at bar, the record recites that “thereupon came a jury of good and lawful men” but does not name any one of the persons composing the “jury.” Now, in the Hitint Case, supra, the court held that “where the record recites that a ‘jury came’ without undertaking…

HoN. E. N. Thomas, Chancellor. Snit by J. W. Thompson against Dick Clay and others. From a decree for respondents, complainants appeal. The facts are fully stated in the opinion of the court. Under the facts in the case, the questions to he determined by the court were: First. Whether G-. Gr.

<p>“Appeal from the chancery court of Bolivar county.</p> <p>Hon. Joe May, Chancellor.</p> <p>Proceeding to probate the will of S. J. Simpson, deceased. The widow, Mrs. Mary M. Simpson, having renounced the will, Geo. H. Simpson and another, beneficiaries, filed a protest which was stricken from the files and they appeal.</p> <p>The facts are fully stated in the opinion of the court.</p>

HoN. Joe Mat, Chancellor. Suit hy A. Falls against N. M. Clover and others. From a decree for complainant, respondent appeals. The facts are fully stated in the opinion of the court.

HoN. W. M. DeNNY; Jr., Chancellor. Bill by E. B. Barnwell against W. M. Caine and others. Demurrer to hill overruled and defendant appeals. The facts are fully stated in the opinion of the court.

<p>ON Suggestion of Error.</p>

... HoN. E. N. Thomas, Chancellor. Bill by Sarah W. Harbison against Chas. Held: used, occupied and enjoyed in common tangibly until my youngest grandchild now living or that may come into existence hereafter reaches the age of twenty-one.” And as to ask the question is to answer the same: we say that he did not violate any rule of, statutory law, because the testator certainly did not attempt to convey an estate…

Hon. E. N. Thomas, Chancellor. Action by M. S. Carter against John E. Studdard and others. From a judgment for plaintiff, defendants appeal. The facts are fully stated in the opinion of the court.

IioN. W. H. POTTER, Judge. Mandamus by H. Q. Brook, Tax Assessor of Monroe , county, against B. E. Wilson, Auditor of Public Accounts. Prom a judgment of the circuit court sustaining a demurrer to the petition and dismissing it, complainant appeals.- The facts -are fully stated in the opinion of the court.

Hon. W. H. Potter, Judge. Suit by John A.- Semmes against Eoss A. Collins. Prom a judgment dismissing the suit, plaintiff appeals. The facts are fully stated in the opinion of the court.

HoN D. M. Miller, Judge. Suit by the Chicago Portrait Company against Joe T. Smith and another: . From a judgment for plaintiff, defendant appeals. The facts are fully stated in, the opinion of the court.

. Appeal from the chancery court of Hinds county. HoN. Lamae F. Eastebung, Chancellor. Suit by Mrs. A. C. Anderson against the Agricultural Insurance Company of New York. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. The doctrine of estoppel has no place here.

IIoN. A. E. Wbathersby, Judge. S. G-. Carter, was convicted of obtaining» money under false pretenses and appeals. The. facts are sufficiently stated in the opinion of the court:

HoN. R. E. JacksoN, Judge. Suit by Edward B. Day against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. Held: of -course, that there was no liability. This court has already decided that a railroad company can be guilty of negligence in the operation of a motor car even when such liability was not fixed by statute in the case of Armstrong v. G. & S. I. B. B. Go., 115 Miss. 698.

HoN. Joe Mat, Chancellor. Suit hy Anna E. Rose and others against T. D. Rambo. Prom a decree dismissing the bill, plaintiff appeals. The facts are fully stated in the opinion of the court. First.

iloN. Lamae F. EasteeliNG, Chancellor. Suit for injunction by the state of Mississippi, on the relation of Ross' A. Collins, Attorney-G-eneral, and others against the Cumberland Telephone & Telegraph Company and others. From a decree dissolving the injunction, relators appeal. The facts are fully stated in the opinion of the court. On rehearing, judgment set aside and decree of lower court affirmed.

Hon. A. E. Weathebsby, Judge. Suit by W. K. Kennedy against the Postal Telegraph and Cable Company. Prom the judgment rendered, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. E. D. DiptkiNS, Judge. Petition for mandamus by S. B. Dean and others against the hoard of supervisors of De Soto County. From a judgment granting the prayer of the petition, defendants appeal. The facts are fully stated in the opinion of the court. I desire to comment on only a few things contended for in the brief of counsel for appellee.

Hon. W. H. Hughes, Judge. Suit by the Warren Goodwin Lumber Company against the Lumber Mineral Company. From a judgment for defendant,-plaintiff appeals. The facts are fully stated in the opinion of the court. My original brief in' this case was written upon the supposition that the case went off in the court below on the point that there was no proof of a written acceptance of the order for the lumber.

HoN. E. E. Jacksoh, Judge. Proceeding in quo warranto by James McClure against P. D. Whitney. Petition dismissed and plaintiff appeals. The facts are fully stated in the opinion of the court. By the appointment of McClure in 1916 for a term of four years under the. unbroken line of decisions of this state for sixty years, he then and thereby became a public officer.

Hon. E. N. Thomas, Chancellor. Suit by Kate C. Arthur and others against the Southern Railway Company in Mississippi. From a decree for complainant, defendant appeal.

IioN. A. J. McINtyre, Chancellor. Bill by Frank Carter against P. Gr. Mills and T. F. Hinton and others, with answer and cross-hill by defendant Hinton, against plaintiff and defendant Mills. From the decree, Hinton appeals. The facts- are fully stated in the opinion of the court.

írloN. A. J. McIntyke, Chancellor. Bill by Jule Y. King against Thomas W. Wileman and another. From a decree for complainant, the named defendant appeals. The facts are fully stated in the opinion of the court.

Hon. W. M. Deeny, Chancellor. Claim by Enoch Fairley against Alexander Currie and another as administrators of- the estate of London Fairley deceased. Motion by administrators to dismiss the claim overruled and claim dismissed at close of evidence and claimant appeals. The facts are fully stated in the opinion of the court. We think the learned chancellor erred in holding that the paper in question is “written evidence thereof, if any.” Section 2106 (not 734).

IloN E. S. Hall, Judge. Henry Easterling was convicted of assault with intent to rape and appeals. The facts are fully stated in the opinion of the court.

HoN. W. H. Pottek, Judge. Claim by C. W.- Bobinson against Madison County. Prom an order of tbe judge of tbe circuit court declining to approve Bobinson’s account, be appeals. Held: which would be in his favor most likely, for all courts to be legal, must be “scheduled;” but all courts scheduled to be held are not always held.

Hon. W. M. Denny, Chancellor. Bill for discovery by A. R. Tracy against the Citizens Bank of Hattiesburg. From a decree overruling a demurrer to the bill, defendant appeals. A. R. Tracy, the appellee, brought a suit in the circuit court of Forrest county. Miss., to recover the principal and interest of a loan which he alleged was made to certain persons by the Citizens’ Bank, on which loan he alleges the Citizens’ Bank charged more than twenty per cent, interest per annum.

Appeal, from the circuit court of Coyington county. HoN. W. H. Hughes, Judge. Suit in justice court by L. J. Fite against Covington county. On appeal to the circuit court there was judgment for plaintiff and the county appeals. The facts are fully stated in the opinion of the court. Chapter 167, Laws of 1916, provides for state-wide tick eradication under rules and regulations of the state live stock sanitary board.

Hon. W. H. Hughes, Judge. Suit by. T. H. Watts against Covington County. Held: “It seems, to be settled in this state that a county is not ordinarily liable to suits except in cases provided by law. , This exemption is placed upon the ground that a county is a governmental agency, created for local purposes, and in this regard it partakes of the immunity of the state itself.” In this Eainey case, supra, it is…

HoN. A. Y. Woodward, Chancellor. In the matter of the estate of Byrd & King, a partnership. From a decree in favor of J. D. King, administrat- or, on exceptions to final account, Mrs. May Bird appeals. The facts are fully stated in the opinion of the court.

Hon, T. L. Lamb, Judge. Application by the Village of Zama to the County Board of Supervisors for an order releasing the sheriff from the duty of collecting the rural separate school tax within the limits of such village and from an order granting the petition the Ayers Separate School District, appeals to the circuit ’court which reversed the order of the board of supervisors and the village appeals. The facts are fully stated in the opinion of the court.

HoN. W. M. Dennu, Jr., Chancellor. Bill by the Seashore Camp Ground School against Mrs. Catherine Boncroft. From a decree for complainant, defendant appeals. The appellee is the owner of a large tract of land upon the seashore, in Harrison county, Mississippi, having acquired this land from its predecessor, the Seashore Camp Ground. Upon this land is located a school, which is owned and conducted by appellee, and at certain times religious services are held upon the ground.

<p>Appeal from the chancery court of Tishomingo county.</p> <p>HoN. A. J. McINtyre, Chancellor.</p> <p>Suit by Johnnie Archer against the Memphis Stone & Gravel Company. From a decree for plaintiff, defendant appeals.</p> <p>The facts are fully stated in the opinion of the court.</p>

How G. G. Ltell, Special Chancellor. Suit for injunction by C. R. Rankin and-another against T. J. Sowell and another as sheriff to .enjoin them from selling certain propery. From an order of the chancellor sustaining the injunction and making it perpetual, defendant, T. J. Sowell, appeals. On December 15, 1915, one J. W. Rankin, being then indebted to appellant, T. J. Sowell, conveyed his property, consisting of lands, to his father, C. R: Rankin.

Hon. B. E. Jackson, Judge. Suit by the planters Mercantile Company, against Fisk Braxton and others. From a. judgment for defendant^ plaintiff appeals. The facts are fully stated in the opinion of the court.

Hon. Joe May, Chancellor. Bill by B. P. Turner and another against J. L. Sullivan. From a decree for complainants, defendants appeals. This appeal is from a decree of the chancery court of the Second district of Coahoma county. Appellees sued for three thousand two hundred and ten dollars as commissions for selling a section of land- owned by appellant.

HoN. Joe May, Chancellor. Bill by Dr. P. M. Smith and another against J, L. Sullivan. From a decree for complainants, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. E. N. Thomas,, Chancellor. Action by S. Castleman against S. ,M. Fleming, Citizens Bank & Trust Company of Belzoni,' Harpeth National IBank of Franklin and others, with cross-bill for an injunction by the Citizens Bank & Trust Company of Bel-zoni. From an order dissolving the temporary injunction granted cross petitioners such petitioner and others appeal.

HoN. A. Y. Woodward, Chancellor. Bill for injunction by Henry A. Huston against. A. J. Mayo and others, Commissioners of Luneluah Drainage District. From an order dismissing the hill, complainants. appeal. The facts are fully stated in the opinion of the court. We submit that the court manifestly erred in dis-solving the injunction in this cause and dismissing the hill.

W-. H. Pottee, Judge. Proceedings by S. D. Redmond for reinstatement as an attorney at law after a judgment of disbarment. Held: as is demonstrated by the authorities cited under section 95, supra. It there appears that disbarment in a state court ’ does not, ipso f apto, deprive the attorney of the right to practice in the federal courts. See also Weeks on Attorneys, sec. - 82, page 154, 2 R. C. L., p. 1113, sec. 205.

Hon. W. H. Potter, Judge. Suit by tbe 'Merrimac Yeneer Company against tbe international Harvester Company and otbers._ Prom a judgment for plaintiff, tbe defendant, appeals. Tbe facts are fully stated in tbe opinion of tbe court. There is at least one part of counsel’s brief wbicb is very illuminating and helpful in this cause and that is, the original order appended thereto.

Hon. A. T. Woodward, Chancellor. Snit by the Board of Supervisors of Holmes County against the National Surety Company, and others. From í» decree pro confesso and fin'al. decree for complainant, the surety company appeals. The facts are fully stated in the opinion of the court.

Hon. W.. M, Denny, Je.,, Chancellor. Applications by J. F. Cazenueve to approve his final account as executor and trustee of the last will of Ella E. loor and as guardian of Peter H. loor were consolidated and from a decree amending’ and -approving his final account as executor, Anna E. Connell appeals. The facts are fully stated in the opinion of the court.

HoN. H. H. Elmore, Judge. Suit by W. T. Pitts and another against W. B. Swain. Prom a judgment for plaintiffs, defendants appeals. The facts are fully stated in the opinion of the court.

Hon. R. W. Cutrer, Chancellor. Bill by Wittington & McGhee against Geo. Cameron' and others. From a judgment for plaintiff, defendants appeals. The facts are fully stated in the opinion of the court. - Invalidity of Assessment Roll of 1909.

HoN. H. H. Elmore, Judge. Anthony Williams was convicted of murder and appeals. The facts are fully stated in the opinion of the court.

, IioN. R. W. Cuírer, Chancellor. Bill by Edward L. Slattery against P. L. Renoudet Lumber Company and another. From a decree can-celling a lis pendens notice, complainants appeals. The facts are fully stated in the opinion of the court.

Hon. W. H. Hughes, Judge. Suit by Clark Boone and others against the Gulf ■ & Ship Island Railroad Company. From a judgment for plaintiff, defendants appeal. Held: “An instruction and tbe language employed therein must be read in connection with all tbe instructions in tbe case.” Miss. Central B. B. v. Lott, 118 Miss. 816.

Hon. A. Y. Woodwabd, Chancellor. Suit by E. B. G-ully and others against George B. Neville and others. From a decree dismissing the bill, complainants appeal. . The facts are sufficiently stated in the opinion, of the court.

Hon. R. E. Jackson, Judge. On motion to reverse and dismiss. Formqr judgment ,(115 Miss. 343, 76 So. 147) set aside, and cause reversed and remanded for new trial, in accordance with the opinion of the supreme court of the United States (249 U. S. 531, Sup. Ct, 63 L, Ed. -754). The facts are fully stated in the opinion of the court.

. Hon. E. W. Heidelberg; Judge. Suit by Joe Scarlet against New Orleans & Northeastern Eailroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

Hon. T. W. Heidelbeeg, Judge. Suit by the state of Mississippi for the use of J. T. Pinkerton, against the United States Fidelity & Guaranty Company. From a judgment for the use of plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

tloN. Claude Clayton, Judge. - Suit by the Southwestern Company against' T. J. Wynnegar. Peremptory instructions, verdict and judgment for plaintiff and defendant appeals. See, also, 111 Miss. 412, 71 So. 737, 81 So. 177-410. The facts are fully stated in the opinion of the court.

Hon. O. B. Taylor, Chancellor.- Suit by Brittian & Henry against Stokes Y. Robertson, State Revenue Agent and others. From a decree dismissing the hill,-complainant appeals. The facts are fully stated in the opinion of the court. “Courts will not enforce a penalty against the taxpayer where he makes a good 'defense against, its imposition, or shows a legally sufficient excuse for the delinquency charged.

HoN. W. A. Alcokm, JA.; Judge. Suit by Nichols & Company 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 chancery court of Holmes county. Horn. A. T. Woodward, Chancellor. On suggestion of Error, Suggestion of error in former opinion, 81 So. 792, 120 Miss. — , sustained in part and overruled in part. Judgment rendered dismissing complainants bill, set aside and annulled, and decree of lower court reversed and cause remanded. The fact's are fully stated in the opinion of the court.

Hon. H. H. Elmore, Judge. Suit by Stokes Y. Eobertson, state revenue agent, against T. C. Garrett, sheriff and tax collector of Le-flore county. From a judgment for plaintiff, defendant appeals. The. facts are fully stated in the opinion of the court.

HoN. D. M. GraPc^m, Judge. Callie Garner was convicted of rape and appeals. The facts are fully stated in tlie opinion of the court. • We will discuss ■ the first five assignments of error together, which discussion continues the following legal propositioif, to wit: Was it competent to permit Sarah Reed to charge Callie Garner as being the author of the alléged crime at a time when Callie Garner vigorously denied it?

TIoN. C. Lee Cbum, Judge. ‘Allen Spight was convicted of murder and appeals.. The facts are fully stated in the opinion of the couft. The first assignment of error is the action of the court in overruling the objection of counsel for appellant to the testimony of George Garrett who was jointly indicted with the appellant.

IIoN. R. S. Hall, Judge. Suit by M. Letow against T- F. Moore and the United States Fidelity & Guaranty Company. Plaintiff took a nonsuit as to Moore. From a judgment for defendant, plaintiff appeals. ' The facts are fully stated in the opinion of the court. No brief'of counsel on either side found in the record.

HoN. A. E. Weathbesby,’ Judge. Replevin by G. W. Davidson against Allen Whidden. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

HoN. W. A. AlcorN, Judge. Suit by Wilbur E. Rose and another against Gr. Gr. Frye. From a judgment for plaintiff, defendant appeals. Held: it must he of that character which would arrest attention. The ceremony of livery of seizin was performed openly in the presence of freeholders for the purpose of attesting the act of entering possession. At an early date registration was adopted as a substitute for the purpose of conclusively imparting notice.

Hon. G. 0. Tann, Chancellor. Bill of the Jones County Land Company against I). B. Fox. From a decree for defendant plaintiff appeals. The facts are fully stated in the opinion of the court. There are four' propositions presented by the record in this case for decision by this court to wit: 1. Was witness Jordan, the deputy sheriff, who sold the appellant the land at said tax sale, and also executed its deed to the same, a competent witness to impeach his own official acts? 2.

HoN. Paul B. JohNsoN, Judge. Suit in a justice court by C. K. Jones against J. H. Brock and another. From a part of the judgment of the circuit court where the case was on appeal, defendants appeal. The facts are fully stated in the opinion of the court. Where it is agreed, as in the instant case, that it is the same parties, the same subject-matter and the same indentical cause of action.

HoN. W. H. Hughes, Judge. Hines Higgins was convicted of manslaughter and apppals. The facts -are fully stated in the opinion of the court.

HoN. J. W. P. Bo'gaN, Judge. Suit by Paul Hubbard against the Southern Bailway Company. Prom a judgment for defendant, plaintiff • appeals. - The facts are fully stated in the opinion of the court. Appellees in their brief try to justify the error of the court in contending that the evidence was not sufficient to show liability,- and we will -therefore submit some remarks in this reply brief to that point not touched upon in our original brief.

Host. C. V. Hathoen, Special Judge. Lee Pool was convicted of murder and appeals. The facts are fully stated in the opinion of the court. There is hut one assignment cif error made and insisted upon by appellant to reverse this case. The appellant was in the custody of the’ sheriff confined in the county jail and his trial allowed to progress in his involuntary absence without his consent.

Hok. D. M. Miller, Judge. ' Suit by J. P. Sharp, against the Brookhaven Pressed Brick and Manufacturing Company. Prom a judgment for the defendant, the plaintiff appeals. Held: that if a horse is warranted sound, and yet has some visible, palpable defect, which can readily be discovered by a prudent vigilance and attention, the buyer cannot ground' an action upon the warranty on account of such defect .• . .

Hon. H. H. Elemobe, Judge. Suit by Humphreys .county against Yazoo county.From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Held: that the exemption of property “belonging or appertaining to Said seminary” did not mean all property belonging to the corporation, and property owned by it. but not “appertaining to the seminary” though the income therefrom was used for' seminary purposes, was not exempt.

Hon. Chas L. Rushing, Judge. Suit between the Indian Refining Company Incorporated and Henry Bishop. From the judgment rendered, the Refining Compay appeals. The facts are not important.

Hon. D. M. Gbaham, Judge. Proceeding before tbe board of supervisors by tbe city of Bay St. Louis against Hancock county. From a. judgment on appeal in tbe circuit court for tbe defendant, plaintiff, appeals. Tbe facts are fully stated in tbe opinion of tbe court.

Hon. B.. W. Heidelberg, Judge. Beeman Boatwright was convicted of murder and appeals. . The facts are fully stated in the opinion of the court. The copy of venire summoned and copy of indictment were served on appellant on Saturday afternoon at 4 o’clock and appellant put to trial over his objection on the following Monday.