Volume 132 — Mississippi Reports

Hon. H. C. Tann, Chancellor. Proceeding between W. F. Williams and others and H. O. Lee and others. From the decree rendered, the former appeals. Ludlow Consolidated Public School District is a line school lying partly in the counties of Scott, Rankin, and Leake and near the corner of the counties of Scott and Leake, the school building being just over the line in Scott county. During the month of June, 1915, orders were passed by the several boards.

Hon. Y. A. Griffith, Chancellor. Suit by T. R. Brown and others against J. W. Havens, Sheriff and Tax Collector, to restrain defendant from collection of school tax. From a decree for plaintiffs, defendant appeals. It is not alloAvable for the same parties who asked for the increase, the increase being allowed and fixed upon their petition, to thereafter make a complete change- of front and thereby do aAvay with the increase.

Hon. C. C. Miller, Judge. Johnnie Quick and another were convicted of keeping and maintaining a gaming house, and they appeal. The appellants in this case indicted by the grand jury of Lauderdale county, in August, 1922, were charged jointly with unlawfully keeping and maintaining a common gaming house. At the February Term, 1923, of the circuit court of Lauderdale county, the defendants were convicted and given the maximum sentence of the law.

Hon. R. S. Hall, Judge. Proceedings by the mayor and board of commissioner's of the city of Hattiesburg, acting as a board of equalization increasing the assessment of property as made by assessor. From the order of such board, Mrs. D. M. Whittle appealed to the circuit court, where the order was affirmed, and from such order she again appeals.

Hon. O. P. Long, Judge. ■Ward Garner and others were convicted of unlawfully manufacturing intoxicating liquor, and they appeal. This case should he reversed and dismissed. An examination of the record will convince the court that the evidence as a whole is not supported, and is not sufficient to warrant a conviction.

Hun. E. N. Thomas, Chancellor. Suit by C. M. Murphy against J. M. Cashin. From an order directing the sale of property in the custody of defendant by a receiver, he appeals. Presenting first the question of the jurisdiction of the chancellor to render such a decree in vacation, we desire to state that the authority of the chancellor to try cases and render decrees in vacation is governed by section 506, Code of 1906, section 262 of Hemingway’s Code.

Hon. C. P. Long, Judge. Suit by Mrs. Samantha Robinson and others against the Mobile & Ohio Railroad Company. Prom a judgment for plaintiffs, defendant appeals.