Volume 134 — Mississippi Reports

Hon. D. M. Graham, Judge. Joe Taylor was convicted of the unlawful manufacture of intoxicating liquors, and he appeals.

Appead from chancery court of Lamar county. Hon. T. P. Dade, Chancellor. Suit by Mrs. W. H. Magee and others against the Bank of Hattiesburg & Trust Company, administrator of W. H. Magee, deceased. Prom a decree for defendant, plaintiffs appeal.

Hon. E. L. Brien, Judge. Suit by the Vicksburg Infirmary against Walker D. Hines, Director General of Railroads, and the Yazoo & Mississippi Valley Railroad Company. Verdict and judgment for defendants, and plaintiff appeals. If we sued on an open account and introduced the proof to sustain it, and- the court held that there was no liability, we would not feel called upon to do more than to state the facts. This is all we shall do in this case.

C. C. Miller, Judge. Suit in justice court by the Elkin Henson Grain Company against T. J. White and another. From a default judgment, defendant White appealed to the circuit court. From a directed verdict in that court, plaintiff appeals. The record shows that the appellant was a holder in due course of check in question.

Hon. T. P. Dale, Chancellor. Proceedings between J. T. Hester and others and the board of supervisors of Smith county. Prom the decree rendered, the former appeal.

On suggestion of error. The court held, in affirming the case, that a plaintiff could sue in two counts, one for the statutory penalty, and one… Held: in affirming the case, that a plaintiff could sue in two counts, one for the statutory penalty, and one for actual damages, and on the trial of the case, dismiss the count for actual damages, and obtain an instruction from the court to the jury, instructing them to disregard the count for actual damages, and yet in the same…

Hon. R. S. Hall, Judge. . Proceeding between Dan Herring and the state. Prom the judgment rendered, the former appeals. The trial court erred in granting Instruction No. 2 for the state. This instruction is fatally erroneous. The instuction was highly prejudicial to the defendant in that it took no notice whatever of the essential elements of the crime charged.

Hon. T. P. Guyton, Chancellor. Suit by Mrs. Myrtle Clay against Alexander Clay. From a decree for defendant, plaintiff appeals. The only question presented by this appeal, is whether the chancery court had jurisdiction to grant the complainant a divorce from her husband.