Volume 80 — Mississippi Reports

From tbe chancery court of Lawrence county. Hon. Henry 0. Conn, Chancellor. The Pearl River Lumber Company, appellee, was the complainant in the court below. Fox, Tax Collector, appellant, was defendant there. The facts are fully stated in the opinion of the court. Growing trees are subject to separate ownership from the soil on which they stand, and they are part and .parcel of the real estate. Harrell v. Miller, 35 Miss., 700; McKenzie v. Shows, 70 Miss., 388.

Prom the chancery court of Harrison county. IIon. Stone Devours, Chancellor. Harkness and his wife, appellees, were complainants in the court below; Dulion and another, appellants, were defendants there. The facts are fully stated in the opinion of the court.

From the circuit court of Tallahatchie county. Hon. Frank E. Larkin, Judge. Held: or that the prisoner was present in court during the trial or any part of it, or that the court asked him if he had anything to say why judgment should not be pronounced against him upon the verdict, or because of any error or omission in the case in the court below, unless the record show that the errors complained of were made…

From the circuit court of, second district, Panola county. PIon. Perrin PL. Lowrey, Judge. Pearson, appellee, was plaintiff in the court below; the railroad company was defendant there. The facts, as shown by plaintiff’s testimony, are as follows: On April 17, 1900, plaintiff, then residing at Batesville, Miss., received a telegram in the evening stating that his sister was in a dying condition at San Antonio, Tes.

From the chancery court of Lauderdale county. Hon. Stone Deavors, Chancellor. Houston, appellant, was complainant, and the National Mutual Building and Loan Association and others, appellees, were defendants in the court below. On May 25, 1892, Mrs. Justa M. David executed a mortgage to the National Mutual Building & Loan Association to secure to it a debt of $1,100, money loaned to her.

Prom the chancery court of Quitman county. Hon. A. McO. Kimbrough, Chancellor. Lowrey and another, appellees, were complainants in the court below; Macrae and others, appellants, were defendants there.

From tbe circuit court of, second district, Yalobusha county. Hon. Perrin H. Lowrey, Judge. Mrs. Gibbs, administratrix, appellee, was the plaintiff in the court below; Wagner, appellant, was defendant there. The plaintiff recovered in her civil action for an assault and battery, committed by defendant on her intestate, a judgment for $2,000, from which defendant appealed to the supreme court. The evidence showed defendant to be worth about $200,000.

Brom the chancery court of Union county. Hon. Henry L. Muldrow, Chancellor. Weir-Booger Dry Goods Co., appellant, was the plaintiff in the court below; Kelly and others, appellees, were defendants there. The opinion states the case.

Prom the circuit court of Covington county. Hon. John E. Enochs, Judge. The appellant, the Hattiesburg Plumbing Co., was plaintiff, and the appellees. A. E. Carmichael & Co., were defendants in the court below. The action was for the balance due on contract price of an artesian well put down by the plaintiff for defendants.

From the circuit court of Warren county. Hon. George Anderson, Judge. The Vicksburg Waterworks Company, appellant, was plaintiff in the court below; the Vicksburg Water Supply Company, appellee, was defendant there. On the 23d day of March, 1900, appellee entered into a contract with one Grumpier, whereby it agreed to sell to Grumpier the property of the Vicksburg Water Supply Company after an inspection of the property by Grumpier, and on its proving satisfactory to him.

From the circuit court of, first district, Hinds county. Hon. Eobert Powell, Judge. Mandamus by Joseph M. Wineman and others, as the heirs and distributees of Mark Wineman, deceased, against W. Q. Cole, Auditor of Public Accounts, Edward H. Nall, Land Commissioner, and Monroe McOlurg, Attorney-general, judgment was rendered awarding the writ, and the defendants appealed.

From the circuit court of Warren county. Hon. Oliver W. Catchinqs, Special Judge. Warren county, appellant, was the plaintiff in the court below ; Gans and others, appellees, were defendants there. From a judgment in favor of the defendants the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. First.

From tbe circuit court of, second district, Obickasaw county. Hon. Eugene O. Sykes, Judge. Appellant, Spradley, was indicted, tried, and convicted of a felonious assault and battery with intent to kill. The indictment was as follows, leaving off the formal parts: “Geo.

From tbe chancery court of Harrison county. Hon. Stone .Deavours, Chancellor. Miss Nixon, the appellant, was the complainant in the court below; Hewes and others, appellees, were defendants there. The demurrer of defendants to the complainant’s bill was sustained, and.the suit was dismissed. The complainant appealed to the supreme court.

Prom the chancery court of Clarke county. Hon. Stone Dbavors, Chancellor.

From the circuit court of Monroe county. IIon. Eugene O. Sykes, Judge. The appellant, Richardson, was indicted for burglary and larceny in the circuit court, the indictment charging that appellant broke into the house of one Ward and took, stole, and carried away one gun, the property of said Ward, of the value of $10. The defendant pleaded not guilty to this charge. On the trial Ward testified, for the state, that in.

From the chancery court of Quitman county. Hon. A. McO. Kimbrough, Chancellor. Mrs. Harrison, appellee, was complainant in the court below Mrs. Hamblet, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court.

From the chancery court of Lauderdale county. Hon. Stone Heavobs, Chancellor. The appellant, Mrs. O’Flinn, filed her bill of complaint against the appellee, Mrs. McInnis, for the confirmation of the title claimed by her under a municipal tax sale of the city of Meridian, made on February 27, 1899.

From the circuit- court of Yazoo county. Hon. Robert Powell, Judge. Adams, state revenue agent, appellant, was the plaintiff in the court below; Clarke, appellee, was defendant there. The case arose from proceedings on notice of the state revenue agent against Clarke for the assessment of property omitted from his assessment list.

From the chancery court, first district, of Hinds county. Hon. Henry C. Conn, Chancellor. The Groton Bridge, etc., Co., appellant, was complainant, and the railway company, appellee, defendant, in the court below. The opinion states the facts of the case. What is the effect of +he borings showing the precise number of feet of sand, gravelly clay, fine white sand, blue clay, and stiff blue clay at their relative depths on the drawing ?

From the circuit court of, first district, Ooaboma county. Hon. Frank E. Larkin, Judge. Cooper, appellant, was indicted and tried for murder, convicted of manslaughter, and appealed to the supreme court. The opinion sufficiently states the case. ■ There was no evidence of a premeditated design on the part of the accused to kill the deceased upon which the third instruction granted the state could be based, and the instruction was misleading and erroneous.

From the circuit court of Warren county. ITon. George Anderson, Judge. Kerr and another, appellees, were plaintiffs in the court bekuv; Bell, appellant, was defendant there. From a judgment in plaintiffs’ favor defendant appealed to the supreme court.

From the circuit court of Copiah county. Hon. Bobert Powell, Judge. Jones, appellant, was defendant in the court below.

From the circuit court of Lafayette county. Hon. Perrin H. Lowrey, Judge. Hattox, appellant, was defendant in the court below; he was tried and convicted of crime, assault-' and battery Avith intent to kill and murder, and appealed to the supreme court.

From the circuit court of Washington county. Hon. Tiios. R. Baird, Special Judge. The appellees, Simon & Co., as creditors of W. Shaphran, attached certain goods in the possession of Joseph Kaufman, who had purchased them from E. Frankel, W. Shaphran’s assignee in a general assignment for the benefit of creditors.

From tbe circuit court of Kemper county. Hon. Guión Q. Hall, Judge. Scott, tbe appellant, was indicted, tried, and convicted of murder, and sentenced to tbe penitentiary for life; tbe-charge being tbat be bad billed and murdered an Indian, commonly called “Bill Jones.” From tbis conviction and sentence be appealed to tbe supreme court. Tbe facts are sufficiently'inferable from tbe opinion of tbe court.

From the circuit court of Sharkey county. How. George Anderson, Judge. Rogers, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion states the case. The plaintiff claimed that there was a special contract which entitled him to return on any regular train of the defendant, including train No. 6.

From the circuit court of Harrison county. Hon. James H. Neville, Judge. Wortham, appellant, was indicted, tried, and convicted for selling whisky unlawfully, and appealed to the supreme court. The facts are fully stated in the opinion of the court. Wortham was iudicted for the sale of liquor under code 1892, § 1592, and not under §§ 1604 or 1605 for soliciting orders or acting as agent for either purchaser or seller.

From the circuit court of Warren county. ■ Hon. George Anderson, Judge. The Groton Bridge, etc., Co., appellant, was plaintiff, and Warren county, the appellee, defendant in the court below.

From the circuit ‘court of Madison county. Hon. Robert Powell, Judge. This suit, for the use of the state and Madison county, was instituted by the state revenue agent, by attachment, under § 1590 of the code of 1892, against the appellant, to recover of him the statutory penalty for unlawfully selling liquor.

Erom the circuit court of Harrison county. Hon. James H. Neville, Judge. Conrad, appellant, defendant in the court below, was indicted under laws 1S98, ch. 90, p. 102, for dredging for oysters in waters of Mississippi sound less than fourteen feet in depth. The indictment charged the offense to have been committed in Harrison county, but did not otherwise specify the place.

From the circuit court of, second district, Bolivar county. Hon. Frank A. Montgomery, Judge. Mrs. Seals, appellant, was plaintiff in the court below; Williams and others, appellees, were defendants there. The appellant brought this action of unlawful entry and detainer against the appellees for the possession of a certain tract of land in Bolivar county.

From the chancery court of, first district, Hinds county. Hon. Henry 0. Conn, Chancellor. Millsaps and others, appellees, were complainants in the court below; Simpson and others, appellants, were defendants, there.

From the chancery court of Tunica county.- „ Hon. A. McC. Kimbrough, • Chancellor. ' . Spratlin, appellant, was plaintiff in the court below;-Colson Bros., appellees, were defendants-' there. The opinion sufficiently states the case. 1.

From the circuit court of. Bolivar county. Hon. Frank A. Larkin, Judge. Jesse Gee, appellant, was indicted- for the murder of one Taylor Nicholson, in October, 1901. He was tried, convicted, and sentenced to death, from which conviction and sentence he appealed to the supreme court. On the trial the state’s evidence showed that appellant had been intimate-with a woman, Lucy.McKeever, before his marriage to another woman.

From the circuit court of Washington county. Hon. Frank A. Larkin, Judge. The facts are stated in the opinion of the court! For a previous chapter in the history of Grubb’s grievances, see Ex parte Joseph Grubbs, 79 Miss., 358. This case was gotten into the circuit court not by an appeal from the justice of the peace court, but by a writ of certiorari.

Rrom the chancery court of Lincoln county. Hon. Henry 0. Conn, Chancellor. Mrs. Robinson, appellee, was the complainant in the court below; Stuart, executor, and others, appellants, were defendants there. The suit was instituted by Mrs. Robinson, a legatee under the will, to subject lands to.the payment of a legacy.

From the chancery court of Leflore county. Hon. D. B. Barnett, Special Chancellor. .. Leflore county, appellant, was complainant in the court below, Allen and others, appellees, were defendants there. Every witness who testified upon the point undoubtedly sustained the proposition that Mrs. Allen’s violent objection was to the first deed presented for her signature. That deed embraced the property in Greewood, as well as the wild land outside of the city.

From tbe chancery court of Quitman county. FIon. A. McO. Kimbrough, Chancellor. Macrae and others, appellants and cross-appellees, were complainants in the court below; GoodbaT and others, appellees and cross-appellants, were defendants there.

From the chancery court of, first district, Panola county. Hon. James C. Longstreet, Chancellor. In 1896, one Cannon died intestate, seized and possessed of the lands in controversy in .this suit, leaving as his heirs his wife and children; Alice Summerville being one of the children.

Prom the circuit court of Pearl Diver county. Hon. Thaedeus A. 'Wood, Judge. Daly, the appellee, was plaintiff in the court below; Herrin, Lambert & Co., a copartnership, appellees, were defendants there. Prom a judgment for $1,500 in plaintiffs favor defendants appealed to the supreme court. The opinion of the court sufficiently states the facts upon which the case was resolved.

From the chancery court of,- second district, Coahoma county. Hon. A. MoC. Kimbrough, Chancellor. The Clarksdale Compress Company, appellant, was complainant in the court below; the Caldwell Company and others, including the town of Indianola, appellees, were defendants there. A decree pro confesso was duly rendered against the town, which, on its .application, was set aside and the suit dismissed as to it. Complainant appealed to the supreme court.

Erom tbe circuit court of Lee-county. ILon. Eugene 0. Sykes, Judge. Oarroll, appellant, was indicted, tried, and convicted, under laws 1900, p. 141, sec. 3, for conniving at a sale of intoxicants in bis store. He appealed to tbe supreme court. Tbe opinion states tbe case. Tbe court below erred in admitting tbe testimony of tbe witness, Doty, as to a conversation witb tbe witness, Gardner, long after tbe alleged offense bad been committed.

From tbe circuit court of Copiab county. Hon. Robert Powell, Judge. Dubes, appellant, was indicted, tried and convicted of murder and sentenced to be bung; be appealed from tbe judgment and sentence to tbe supreme court. Tbe facts are sufficiently stated in tbe opinion of tbe court.

From the circuit court of Hancock county. Hon. Jambs A. Neville, Judge. Hancock county, appellee, was plaintiff in the court below; the City of Bay St. Louis, appellant, was defendant there. The case was an action, under code of 1892, §§ 2547, 2548, by Hancock county, claiming to be the landlord of the city of Bay St. Louis, to remove the city as its tenant from a room in the courthouse of the county.

Prom the circuit court of Lee county. I-Ion. Eugene O. Syices, Judge. The State, ex rel., Surratt, appellant, was the plaintiff; ánd Morgan, appellee, was defendant in the court below. This proceeding by quo warranto appears on the face of the information to have been brought in the name of the state by the district attorney on the relation of J. L. Surratt to try his right to the office of mayor of the village of Saltillo.

.From the circuit court of Covington county. PIon. John R. Enochs, Judge. Davis, appellant, was defendant in the court below; he was tried, convicted, and sentenced for a violation of code 1892, § 1317, and appealed to the supreme court. . The opinion of the court states the case. The affidavit was defective. It does not charge that Davis knew the land on which the trees were growing belonged to Rodgers. There is want of necessary evidence to support the conviction.

From the circuit court of Winston county. Hon. G-uion Q. Hall, Judge. Triplett, appellant, was defendant in the court below; being convicted there of violating § 1058, code 1892, as amended by laws 1900, p. 140, he appealed to the supreme court. The case is fully stated in the opinion of the court. The court below should have sustained the demurrer to the affidavit. It charges no ofíense. It is fatally defective. 1.

From the circuit' court of, first district, Chickasaw county. Hon. Eugene 0. Sykes, Judge. Sims, appellee, was defendant in the court below; from a judgment sustaining a demurrer to the indictment the state appealed, to the supreme court. The opinion states the case.

From tbe circuit court of Madison county. Non. Robert Powell, Judge. Wilson and others, appellants, were defendants in the court below; they were charged with an offense, as shown by the affidavit given in the opinion of the court, were convicted and sentenced under code 1892, § 1222, and appealed to the supreme court. The code section is as follows : “1222 (2916).

From tbe circuit court of, second district, Panola county. Hon. Perrin H. Lowrey, Judge. Middleton, appellant, was indicted, tried, and convicted of murder, and sentenced to be bung. He appealed to tbe supreme court. Tbe facts are sufficiently apparent from tbe opinion of tbe court. Tbe instruction is erroneous wbicb authorizes tbe jury to find tbe defendant guilty of murder, if tbey believe tbe killing was accomplished by tbe second shot fired by tbe defendant.

Prom the circuit court of Harrison county. Hon. Guión Q. Hall, Judge. Spence, appellee, was plaintiff, and Dennis, appellant, defendant in the court below. The action was an ejectment. The plaintiff claimed under a tax title; the land sued for was in section 14; the assessment roll offered in evidence was obscurely written, so that the parties differed as to whether the assessment of which the tax sale was predicated was of lands in section 14 or in section 4.

From tbe circuit court of Leake county. Hon. John B. Enochs. Judge. Mann, appellant, was defendant in the court below, was convicted of, and sentenced for, crime and appealed to the supreme court. The only question was as to the sufficiency of the indictment, to which a demurrer was interposed, but which the court below overruled. The indictment, save its formal parts, is set out in the opinion of the court. Mann made an assault on whom?

From the circuit court, first district, Yalobusha county. Hon, Perrin H. Lowrey, Judge. Mrs. Lovejoy, appellee, was plaintiff, and Nations, appellant, defendant in the court below. The plaintiff recovered a judgment for $75 and costs, from which the defendant appealed to the supreme court. The facts are stated in the opinion of the court. For a previous report of the case see Nations v. Lovejoy, 77 Miss., 36.

From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. The appellee, Braban, was plaintiff, and tbe appellant, National Mutual Building & Loan Association, etc., was defendant in the court below. This suit was brought on July 7th, 1899, to recover about $2,200, paid by appellee to the appellant company in settlement of two loans, being the excess paid over and above the principal of the loans, and sued for as usurious interest.

From the circuit court of Perry county. Hon. John B. Enochs, Judge. Myer, appellee, was plaintiff, and the lumber company, appellant, was defendant in the court below. The opinion states the case. Being without the internal revenue stamp prescribed by the act of Congress of June 13, 1898, the note sued on was by the provisions of that act inadmissible in evidence. Tbe act of Congress relied on by the appellant did not and could not make a rule of evidence for tbe state court.

Prom the chancery court of Harrison county. Hon. Stone Deavers, Chancellor. The appellee, Mary N. Seal, was complainant, and the appellant, Prank S. Hewes, one of the defendants in the court below. Roderick Seal owned a large quantity of land in Harrison county, consisting of separate tracts, some of it being town lots. All of it was assessed to him in 1899, the separate pieces appearing on the assessment roll in different places, separated by other lands.

From the chancery court of Copiah county. Hon. Henry C. Conn, Chancellor. Held: when it should he held, how it should be held, and the purpose for which it should be held, and, without it, of course, no valid issuance of.the bonds could be thought of, and yet it was never published, and before it could go into effect as provided for by § 3006 of the code, the election was held under it by which these bonds were…

From the chancery court .of Harrison county. Hon. Stone Devours, Chancellor. Salina Bradford, appellee, was complainant in the court below; Eugene Bradford, appellant, was defendant there. Salina sued Eugene for a divorce, claiming the same on two grounds, one that Eugene, her husband, had deserted her for two full years or more, and the other that he had been guilty of adultery. The charges of the bill were denied by Eugene in his answer.

From tbe chancery court of, second district, Coahoma county. Hon. A. McC. Kimbrough, Chancellor. Mrs. Clark, appellee, was complainant in the court below; the Equitable Life Assurance Company, appellee, was defendant there. From a personal decree, rendered under- the provisions of the act of March 10, 1900, for $15,000 in complainant’s favor, the defendant appealed to the supreme court. Section 927, code 1892, is as follows: “927 (2277).

From the circuit court of Lauderdale county. JIon. Guión Q. Hall, Judge. McBeath, the appellee, was plaintiff in the court below; the city of Meridian, appellant, was defendant there. From a judgment for $950 in plaintiff’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

•From: the circuit court of Lafayette county. Hon. Perrin H. Lowrey, Judge. »William Maithis, the appellant, was indicted, tried, and convicted of the murder of John A. Montgomery; was sentenced to be hung, and appealed .from said judgment and sentence to the supreme court. The indictment upon which he was tried was- a joint one. against appellant, Orlandus Lester, Whittington Owens, and William Jackson.

From the circuit court of Lafayette county. IIon. Perrin H. Lowrey, Judge. Whittington Owens, the appellant, was indicted in the circuit court of Lafayette county, at the December special term, 1901, for the murder of Hugh Montgomery. The indictment was a joint one against Owens, Orlandus Lester, William Matthis, and William Jackson. The same parties were also indicted by the same grand jury for the murder of John A. Montgomery.

Prom the chancery court of Claiborne county. Hon. William C. Martin, Chancellor. The Port Gibson Brick and Manufacturing Company, appellee, was the complainant in the court below; the ChamberlinHunt Academy and the Bothrock Construction Company, the appellants, were defendants there.

From the circuit court of Jones county. Hon. John E. Enochs, Judge. Turner, appellee, was plaintiff in the court below; the city of Laurel, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the case. We t.bintr the judgment rendered in the garnishment proceedings in the justice court against the city of Laurel, against A. J. Lyon & Co., was merely irregular and not void.

From the chancery court of Clarke county. Hon. Stone Devours, Chancellor. Clarke county, the appellant, was the complainant in the court below; the Mississippi Lumber Company, appellee, was defendant there. From a final decree in defendant’s favor the complainant appealed to the supreme court. The opinion of the court states the facts. Special attention is called to the case of Burroughs v. Saierlee, 56 Am. B., 350.

From the circuit court of, second district, Bolivar county. Hon. F. A. Montgomery, Special Judge. Mrs. Woodruff, appellant, was plaintiff in the court below; the Sovereign Camp Woodmen of the World was defendant there. The plaintiff recovered a judgment for $3,100, with interest, including the $100 monument fund, and the defendant appealed to the supreme court. The opinion states the case.

Erom the circuit court of Harrison county. Hon. G-uion Q. Hall, Judge, presiding by exchange with Hon. James H. Neville, Judge. Action by the Barataria Canning Company, appellant, against E. J. Joulian, appellee.

Erom the chancery court of Jacksou county. Hon. Stone Devours, Chancellor. Wirt Adams, State Revenue Agent, appellant, was complainant in the court below. Cox and others, appellees, were defendants there. The facts were these: The appellee, Cox, was a licensed dramshop keeper in the county of Jackson. ' He had executed a bond as required by law (code 1892, §1582), to be given by dramshop keepers.

From the circuit court of Jacksou county. Hon. James H. Neville, Judge. Bufford, appellee, was plaintiff, and Aeree, appellant, defendant in the court below. The opinion states the case. ■ It must be remembered here that the immediate question before the court in relation to the liability of the defendant for special damages including court attendance and attorneys’ fee turns upon the question of defendant’s good faith.

From the chancery court of Hancock county. Hon. Stone Devours, Chancellor. Bowers, appellee, was complainant in the court below; the Gulf Coast Ice and Manufacturing Company, a co-partnership, appellants, were defendants there. The facts are these: Appellee Bowers was the owner of several pieces of valuable and handsome residence property in the city of Bay St. Louis. These residences front on the sea coast, and between them and the beach the public street passes.

From the chancery court of Harrison county. Hon. Stone Devours, Chancellor. Boone, appellant, was complainant in the court below; Du-lion, appellee, was defendant there. The object of the suit, avowedly, was to confirm a tax title.

From the circuit court of Hancock county. ITon. James H. Neville, Judge. Eaton, the appellant, was indicted for dredging with steam for oysters in the public reefs of Hancock county, contrary to the ordinances of the board of supervisors of the county; his demurrer to the indictment was overruled, and he ivas tried and convicted. It appeared that the dredging was done on the public reefs in waters more than fourteen feet deep.

From the circuit court of Warren county. Hon. George Anderson, Judge. Ammons, appellant, was indicted, tried, and convicted of burglary. On the trial certain confessions of the defendant, obtained by the aid of a sweat-box in the manner mentioned in the opinion of the court, were offered in evidence against defendant over his objection. Without the confessions there was not sufficient evidence to support the verdict.

Erom: the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Sullivan, the appellee, was indicted, under code 1892, § 1184, for that he did “sell and dispose of” certain property upon which he had executed a mortgage. The indictment showed that the mortgage debt matured on the 15th of December, 1899, and the selling was averred to have been committed December 2, 1899.

From the chancery court of Jackson county. Hon. Stone Deavours, Chancellor. Shannon, appellee, was complainant, and Howell, appellant, was defendant in the court below; from a decree in complainant’s favor the defendant appealed to the supreme court. The opinion states the case.

From the circuit court of Holmes county. Hon. W. F. Stevens, Judge. Hughes and Moore, appellees, were indicted for grand larceny, the stealing of a deed to land. They demurred to the indictment on the ground that the deed charged to have been stolen was not the subject of larceny. The demurrer was sustained, and the state appealed to the supreme court. Under the statutes, code 1892, § 1513 and §§ 1173 and 1174, it is larceny to steal a deed to, land.

From the circuit court of Clay county. Hon. W. T. Stevens, Judge Cottrell, appellant, was plaintiff, and the railway company, appellee, was defendant, in the court below. The opinion sufficiently states the case.

Erom the circuit court of Issaquena county. Hon. George Anderson, Judge. Held: and the methods by which they shall be conducted, other than its allusions to the ordinance, whose operation expired in 1896. These two subject matters are left entirely to legislative discretion, so long as that discretion is exercised with no special impairment of any right otherwise conferred.

From the circuit court of Simpson county. BTon. John E. Enochs, Judge. Greaves, appellee, was plaintiff in the court below; Melnnis, appellant, was defendant there.

From the circuit court of Bolivar county. Hon. Frank E. Larkin, Judge. Mrs. Sutton, appellant, was plaintiff in the court below; Graham, apjiellee, was defendant there. The suit was begun by Mrs. Sutton, a tenant, by the institution of a replevin for' property which had been seized, under an attachment for rent in favor of Graham, the landlord.

Erom the circuit court of Jones county. ITon. John E. Enochs, Judge. Shannon, appellee, was plaintiff in the court below; the Georgia State Building and Loan Association, appellant, was defendant there. The case was once before in the supreme court, and is reported, Georgia State Building and Loan Association v. Shannon, 78 Miss., 955, which report and the opinion then delivered gives a statement of the facts.

From the circuit court of Lowndes county. . Iiow. Eugene 0. Sykes, Judge. Mrs. Burke, and another, appellees, were plaintiffs in the court below; the British and American Mortgage Company, appellant, was defendant there. The court below gave judgment for plaintiffs and defendant appealed to the supreme court. The facts are stated in the opinion of the court.

Erom tbe chancery court of Lawrence county. LIon. Henry 0. Conn, Chancellor. Cohn, appellant, was complainant in the court below; the Pearl Eiver Lumber Company was defendant there.

From the circuit court of Adams county. Hon. Jeeeerson Truly Judge. Adams, state revenue agent, appellant, was plaintiff in the court below; Edward Schwartz and others, the legatees of J. 0. Schwartz, deceased, appellees, were defendants there. J. 0. Schwartz died February 1, 1890, having made a will. It was executed and the executors discharged, March 21, 1891. The state revenue agent sought to assess for back taxes.

From the circuit court of Warren county. Hon. Georoe Anderson, Judge. Shlenker, appellee, was plaintiff in the court below; the insurance company, appellant, was defendant there. The suit was upon a fire insurance policy covering cotton in bales contained in certain cotton yards in Vicksburg, Miss.

From the circuit court of Harrison county. Hon. J. Ira Ford, Special Judge. Jackson, appellee, was plaintiff in the court below; Lopez, appellant, was defendant there. The suit was a civil action for assault and battery.

From the chancery court of Warren county. Hon. W. C. Martin, Chancellor. Searles Bros., appellants, were complainants in the court' below; the Smith Grain Company and others, appellees, were defendants there.

From the circuit court of Montgomery county. Hon. A. T. Roane, Special Judge. McLellan, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of Warren county. Hon. George Anderson, Judge. West, appellant, was indicted, tried, and convicted of murder, and sentenced to death. He appealed to the supreme court. The opinion sufficiently states the case. Tbe motion of] tbe defendant to qnasb tbe venire should have been sustained, for either of two reasons: (1) The manner of selecting the venire was an innovation in criminal jurisprudence. (2) The jurors were never served with any process.

From tbe chancery court of Washington, county. Hon. A. McO. Kimbrough, Chancellor. Cobb and others, appellees, were complainants in the court below; Lusby and others, appellants, were defendants 'there. From a decree in complainants’ favor defendants appealed to the supreme court. The opinion states the case.

Prom the circuit court of Lincoln county. Hon. Robert Powell, Judge. Hoskins, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. The action was ejectment for eighty acres of land, across a part of which the defendant had constructed a spur railroad track. Upon the first trial of the case in the court below, it was decided for the defendant and the plaintiff appealed, the first appeal, to the supreme court.

From tbe chancery court of, first district, Coaboma county. Hon. A. McC. Kimbrough, Chancellor. Miss Shipp, appellant, was complainant in the court below; Mrs. McKee and others, appellees, were defendants there. From a decree adverse to the complainant she appealed to the supreme court. The facts are stated in the opinion of the court. The main question in this case is whether there was a life estate of John W. Shipp in this property.

From the chancery court of, second district, Coahoma county. Hon. A. McO. Kimbrough, Chancellor. Fogg, appellant, was complainant in the court below; the Bank of Friar’s Point and others, including one Iiebdon, its assignee-receiver, appellees, were defendants there. The section of the code involved is as follows: “3077.

From the circuit court of Warren county. Hon. Samuel M. Shelton, Special Judge. Fauntleroy, appellee, was plaintiff in the court below; Lum, appellant, was defendant there. Held: that they did not have; but they never once attempted to hold that they would go further in inquiring into the judgment on the merits to determine whether or not the trial in the state of Wisconsin, which rendered the judgment, was fairly conducted or not.

From the circuit court of Sharkey county. Hon. George Anderson, Judge. , West, the appellee, was plaintiff in the court below; Brown and others, appellants, were defendants there. From a judgment in- plaintiff’s favor defendants appealed to the supreme court. The opinion states the case. The transaction between the appellants and the appellee are clearly usurious and the court below grossly erred in giving the peremptory instruction to the jury.

From the circuit court of Adams county. LIon. W. K. Harper, Special Judge. ■ Ogden and others, appellees, were plaintiffs, and Learned, appellee, was defendant in the court below. The opinion sufficiently states the ease. 1. The court erred in permitting plaintiffs over defendant’s objection to file their second replication to defendant’s second plea.

From the circuit court of Lauderdale county. IIon. Green B. Huddleston, Judge. Fewell and another, appellants, were plaintiffs in the court below; the American Surety Company, and others, were defendants there. The facts are stated in the opinion of the court. First.

Prom the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. Hart, the appellant, was complainant in the court below; Potter and wife were defendants there. The object of the suit was to cancel clouds upon the title to land.

From the circuit court of Warren county. Hon. George Anderson, Judge. Johnson, appellant, and one, William Henderson, were indicted for the murder of Willis Jefferson; there was a severance, and the appellant was tried separately, convicted of manslaughter, and sentenced to the penitentiary for a term of ten years; from which conviction and sentence he appealed to the supreme court. His co-defendant, William Henderson, testified as a witness for the state.

From the chancery court of Newton county. Hon. Adam M. Byrd, Chancellor. Day, appellee, was complainant in the court below; Mrs. Jackson and others, appellants, were complainants there. From a decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court. The note shows an alteration on its face.

From tbe circuit court of Warren county. ITon. Frank F. Larkin, Judge. The state, suing on the relation of Kierskey, appellant, was plaintiff in the court below; Kelly, appellee, was defendant there. The suit was a quo warranto proceeding to determine which of the parties had been elected to the office of city assessor of Vicksburg. The case was once before in the supreme court, and the former decision is reported, Kelly v. State, ex rel. Kiershey, J9 Miss., 168.