Volume 81 — Mississippi Reports

From tbe circuit court of Warren county. Hon. Frank E. Larkin, Judge. Tbe state, suing on tbe relation of Kierskey, appellant, was plaintiff in tbe court below; Kelly, appellee, was defendant there. Tbe suit was a quo warranto proceeding to determine 'wbicb of tbe parties bad been elected to tbe 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 ret., Kierskey, 79 Miss., 168.

From tbe circuit'court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Lowe, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. A train of railway cars was passing along appellee’s track upon a fill, or dump, at least ten or twelve feet high, when a horse belonging to the plaintiff, being frightened thereby, ran at the foot of the dump, and, of course, below the train, parallel with the railroad.

Prom the circuit court of Scott County. Hon. John R. Enochs, Judge. Mrs. Moore, appellee, was plaintiff in the court below; the railway company -was defendant there. Erom a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. The Building and Loan Association, appellee, was the plaintiff, and Mrs. Shipp, appellant, was defendant in the court below. The action was ejectment for a lot in the city of Meridian. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From tire chancery court of Lauderdale county. Hon. Stone Deavours., Chancellor. Stinson, the appellee, was complainant in the court below; Bynum, appellant, was defendant there. The suit was a proceeding in equity to quiet title to land.

Prom the circuit court of Warreu county. Hon. George Anderson, Judge. Mrs. Pervangher, appellant, was plaintiff, and the casualty and surety company, appellee, was defendant in the court below. The suit was upon an accident insurance policy. The summons in the case was served upon one Moore, as an agent of the company. The defendant entered a special appearance, filing a plea denying that Moore was its agent. The facts are apparent from the opinion of the supreme court.

From the circuit court of Yazoo county. Hon. [Robert Powell, Judge. Armstrong, appellant, was the plaintiff, and -Whitehead, appellee,, was defendant in the court below. From a judgment in' plaintiff’s favor, but for a sum much less that his demand, he appealed to the supreme court, and the defendant then prosecuted a cross-appeal.

From the circuit court of Attala county. Hon. James H. Neville^ Judge. Gilliland and others, appellants, were plaintiffs, and the railroad company, appellee, defendant in the court below. The plaintiffs appealed to the supreme court, the court below having decided in defendant’s favor. The facts were these: The plaintiffs were merchants at Kosciusko.

From the circuit court of first district, Hinds county. Hon L. Brame, Special J udge. Burnham, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. From' a judgment in favor of defendant the plaintiff appealed to the supreme court. The facts are stated in the opinion of the special judge, delivered on overruling plaintiff’s motion for a new trial, which was adopted by the supreme court and made part of its opinion. Infra, p. 50.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Hayden, the appellant, was indicted and tried for practicing medicine without obtaining the license required by law. The jury returned a verdict finding appellant guilty as charged, and the court recorded the verdict and entered an .order postponing sentence pending an appeal to the supreme court from the conviction. The case was argued and submitted to the supreme court.

From the circuit court of Copiah county. How. [Robert Powell, Judge. Davis,- the appellant, was convicted in the circuit court of an assault and battery and appealed to the Supreme court. The opinion states the facts. The appellant was a guard on a county convict farm, and was in charge of the convicts. While guarding the .prisoners he had one Pullen whipped with a plow line. There is nothing in the record to show that the punishment was excessive or inhuman.

From tbe chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. McPhilamy and Hawks, the respective appellees, were complainants in separate suits in the court below, the building' and loan association, appellant in both cases, was defendant there in both cases. Appellees were borrowing members of the People’s Building and Loan Association.

From the chancery court of, first district, Hinds county. Hon. Henry 0. Conn, Chancellor. Wirt Adams, state revenue agent, appellee was the complainant in the court below; the Yazoo & Mississippi Valley Railroad Company and the Illinois Central Railroad Company appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, first district, Panola county. Hon. Perrin H. Lowrey, Judge. Orr, appellant, was indicted for committing a rape on the body of one Martha Dillard. There were two counts in the indictment; the first one correctly designated the defendant as Charles • Orr, the second one designated him as “the said Charles Dillard” (using the woman’s surname).

From the circuit court of Marshall county. Hon. Perrin H. Lowrey, Judge. Strickland, the appellant, was indicted, tried, and convicted in the court below for the murder of one Cal Thompson; sentenced to death and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. Defendant was in his own home and was unlawfully assaulted therein.

Erom the circuit court of Tishomingo county. Hon. Eugene O. Sykes, Judge. Brown, the appellant, was convicted before a justice of the peace for resisting an officer in the discharge of his duty, a Violation of code 1892, § 1222. He appealed to the circuit court, where he objected that the affidavit against him was insufficient.

From the circuit court of Adams county. Hon. Jeff Truly, Judge. Buckner, the appellant, and Dobins were jointly indicted for the murder of one Myers, a fisherman. Dobins, a severance having been had, was convicted, and sentenced to the penitentiary, and appellant was separately tried, convicted and1 sentenced to be hanged. Dobins was the principal witness against appellant. Appellant’s defense was an alibi.

From the circuit court of Pike county. Hon. Jepp Truly, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court.

From tbe circuit court of, first district, Coahoma county. B[on. Samuel 0. Cook, Judge. Cook and Woods, appellants, were indicted, tried, and convicted of the unlawful sale of intoxicants and. appealed to the supreme court. Appellants owned and operated a steamboat and did a ferry business across the Mississippi Biver from a point in Coahoma county to a point in Arkansas, on the opposite side of the stream.

From the circuit court of Warren county. Hon. George Anderson, Judge. Conklin and another, appellants, were plaintiffs in the court below; the railway company, appellee, was defendant there. The suit was an action at law for trespass to lands; the declaration charged that the plaintiffs were owners of the lands at the time the trespass was averred to have been committed by the defendant. The plea was the general issue.

From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Miller, appellant, was prosecuted for a misdemeanor, convicted in the court below and appealed to the supreme court. The opinion states the case..

From the circuit court of Leflore county. Hon. Frank E. Larkin, Judge. Woods, the appellant, and one Wiley Short were jointly indicted by the grand jury of Leflore county for the murder of one Henry Hog. Upon trial, Short was acquitted, but appellant was convicted of manslaughter, and appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Bolivar county. Hon. Frank E. Larkin, Judge. Clark and others, appellees, were plaintiffs in the court below; Harvey appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the circuit court. The opinion states the case. Appeals from justices of the peace are tried anew in the circuit court. Any defensive matter may then be introduced for the first time.

From the chancery court of Warren county. Hon. W. P. S. Yentress, Chancellor. Searles Brothers and Bussell, respectively, appellees, in the cases were complainants in the court below; the Smith Grain Company, the Exchange National Bank of Little Bock, Arkansas, appellee, and a Vicksburg Bank were defendants there in both cases.

From the circuit court of, first district, Hinds County. Hon. Robert Powell, J udge. Held: faith will be kept with congress whether interest is paid or not. The act does not prohibit the use of the corpus of the fund for the college.

From the circuit court of, second district, Hinds county. Hon. Robert Powell, Judge. • Stevens, appellant, was plaintiff in the court below, the railroad company appellee, was defendant there. From a judgmént in defendant’s favor plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. Harris, the appellee, was plaintiff and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts of the case. The instructions which were asked by defendant, and which were refused, are as follows: “9.

From the circuit court of Eankin couuty. Hon. JohnE. Enochs, Judge! Pallotta, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts. The only question in this case is whether- the plaintiff, under the evidence, was entitled to recover anything at all.

From the chancery court of Holmes county. Hon. Stone Deavours, chancellor. Mrs. Wyatt, appellant, was complainant in the court below; James B. Wyatt and others, appellees, were defendants there. Held: “It is not the province of courts to engraft exceptions upon statutes, or to impair their practical utility by the introduction of refinements. ” • Ingraham v. Ragan, 23 Miss., 214; Smith v. Westmoreland, 20 Miss., 663; Butler v. Graig, 27 Miss., 628.

From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. Powell, appellant, was complainant in the court below; McKee, tax collector, appellee, was defendant there.

From the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. .The city of Jackson, appellee, was plaintiff, and the Bradstreet Company, appellant, was defendant in the court below. From a judgment by default against it the defendant appealed to the supreme court.

From the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. The town of Seminary (situate in Covington county, Mississippi), appellee, was complainant in the court below; the railroad company, appellant, was defendant there. The suit was* in chancery and the bill prayed for an injunction restraining the railroad company from naming a place (one-half mile distant from the town, at which it had established a depot) Seminary.

From the circuit court of Attala county. Hon. James H. Neville, Judge. Fletcher, guardian, the appellant, was plaintiff in the court below; the Sovereign Camp Woodmen of the World, appellee, was defendant there.

From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. The railroad company, appellant, was complainant in the court below; Garrison and six others were defendants there.

From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Barrier, would-be appellant, was complainant in the court below, and' Kelly was defendant there. From the decree mentioned in the opinion of the court Barrier sought an appeal to the supreme court.

From the circuit court of Warrencounty. Hon. George Anderson, Judge. Booth, appellee, was plaintiff in the court below; Warren county, appellant, was defendant there. The facts were these: The board of supervisors, shortly before June, 1900, employed an advisory counsel for a year at an annual salary. During the year the county was sued in four cases, one of which was quite important, and the board employed appellee to represent the county in these cases.

From the circuit court of Warren county. Hon. George Anderson, Judge. Dabney, the appellee, was plaintiff in the court below; Warren county, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts. ' The board of supervisors employed the appellee, who is an attorney at law, under § 4144 of the code of 1892.

From the chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. Held: and never will be, that where a purchaser of land searches every record and every possible source of information as to the title, and does not and cannot discover a lien, that he must yet buy at his peril.

From the circuit court of Madison county. Hon. Robert Powell, Judge. Yandell, appellent, was plaintiff, and Madison county, appellee,, was defendant in the court below. The appellant, a physician, was appointed by the board of supervisors county health officer of Madison county, and his salary was fixed at §100 per annum.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Hayden, appellant, was convicted of practicing medicine without a license so to do, and appealed to the supreme court. The facts are stated in the opinion of the court. He made a previous effort to appeal from the verdict of the jury, before judgment, but the appeal was dismissed. See Hayden v. State, ante 55. The question is as to the meaning of the term ‘£ physician ’ ’ in § 1258 of the code.

From the chancery court of Sharkey county. Hon. William C. Martin, Chancellor. Pearl, appellant, was complainant and Cartwright, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The question of jurisdiction was not raised in the court below, on the contrary defendant made his answer a cross bill and sought affirmative relief.

From the circuit court of Grenada county. Hon. William F. Stevens, Judge. Wood and another, appellees, executors of the last will and testament of C. T. Wood, deceased, ex-treasurer of the city of Grenada, were plaintiffs in the court below, the city was defendant there.

From the circuit court of Warren county. Hon. George Anderson, Judge. Fried, appellee, was plaintiff, and the railway company, appellant, defendant in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Scott county. Hon. John R. Enochs, Judge. Graham and othérs, appellants, were plaintiffs and Warren, appellee, defendant in the court below. The action was an ejectment brought by plaintiff, one of whom was the surviving partner of the firm of M.‘ D. Graham & Co. and the others the heirs at law of M. D. Graham, deceased, against Warren, appellee, to recover certain land- described in the. declaration.

From the chancery court of Leflore county. Hon. A. Mo. Kimbrough, Chancellor. . Cannon and others, appellees, were complainants, and Leflore county, appellant, was defendant in the court below. From a decree overruling a demurrer to the bill of complaint the defendant appealed to the supreme court..

From the. chancery court of Pontotoc county. Hon. Henry L. Mitldrow, Chancellor. Bobbitt, appellee, was complainant and Johnson, appellant, was defendant in the court below. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the chancery court of Tallahatchie county. Hon. A. MoC. Kimbrough, Chancellor. The appellant, Pattison, was complainant, and the appellee, Harvey, was defendant in the court below. The appellant filed his bill of complaint for confirmation of his tax title to east of northeast \ of section 5, township 26, range 2, east, in Tallahatchie county, which had been purchased by him at a sale thereof for the taxes of 1897, on the first Monday in March, 1898.

From the chancery court of Attala county. Hon. Stone Deavours, Chancellor. Simmons, appellant, was complainant in the court below; Hutchinson and others, appellees, were defendants there. From a decree dismissing the suit the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. The case turned on the question of notice to Fisher of Simmons’ mortgage and on what estate passed by the mortgage.

From the chancery court of Yazoo county. Hon. Edward Mayes, Special Chancellor. Mrs. Perkins, the appellant, was complainant in the court below; the First National Bank and others, appellees, were defendants there.

From the chancery court of Warren county. Hon. W. C. Martin, Chancellor. The appellee, Farnham, executor, was complainant and the appellant building association defendant in the court below. This suit was brought to recover the sum of $1,966 paid by complainant’s testator as usurious interest on money borrowed on his shares of stock in said association. Some of the assets of the association were attached.

From the chancery court of Copiah county. Hon. Henry C. Conn, Chancellor. Rowan, appellee, was complainant in the court below; Lamb, appellant, was defendant there. After the rendition of the final decree in the cause, an appeal, with supersedeas, was prosecuted to the supreme court by defendant Lamb.

From the circuit court of Tishomingo county. Hon. Eugene O. Sykes, Judge. Mackmasters, appellant, was indicted and tried for the murder, October 27, 1901, of his own father, Uriah Mackmasters, he was convicted of manslaughter, and appealed to the supreme court. . The facts upon which the decision turned are sufficiently apparent from the opinion of the court.

From the circuit court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Higgins, appéllee, was plaintiff in the court below, the City of Meridian, appellant, was defendant there. The facts were these: Mrs. Higgins owned land in the city of Meridian bounded on the east by Thirty-Third avenue and on the west by Thirty-Fifth avenue.

From the circuit court of Warren county. Hon. George Anderson, Judge. . The appellee, Russell, was plaintiff in the court below, the action being against the Iowa Packing & Provision Company, defendant, and the appellant Garrett E. Lamb, executor of Artemus Lamb, interposed a claim to the credits of the defendant which had been made the subject of garnishment.

From the chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. Houston, appellee, was complainant in the court below, the National, etc., Association et al., appellants, were defendants-there. This case was before the supreme court on á former appeal, when the judgment of the lower court dismissing complainant’s bill was reversed, and the cause remanded for an accounting. Houston v. National, etc., Association, 80 Miss., 31 (s.c., 31 South.,- 510).

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Booker, appellant, was indicted, tried and convicted of the murder of one Bud Suggs and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court. The opinion states the facts upon which the case was decided.

From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Stark, appellant, was convicted of having indecently exposed the private parts of his person in a public place — a singing school — and was sentenced to thirty days’ imprisonment. He appealed to the supreme court. The intent that actuated the defendant in doing the act complained of is the gist of the offense. The exposure must have been ‘1 willfully and lewdly done.” Code, 1892, § 1218.

From the circuit court of, first district, Yalobusha county.. Hon. Samuel C. Cook, Judge. Edwards, the appellee, was convicted before a justice of the peace of a misdemeanor, under sec. 7, Laws 1900, p. 153, because of his failure to work' on the public roads or pay a road tax. He appealed to the circuit court and was there acquitted, and the state appealed to the supreme court.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Wilson, the appellant, was indicted, tried and convicted for carrying a concealed weapon, and appealed to the supreme' court. The opinion states the facts. The court below erred in giving the charge asked by the state, which told the jury if they believed the appellant carried the pistol concealed in whole or in part he was guilty, although he was in his own house.

From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Wood, appellant, was convicted in the circuit court of Lincoln county of the murder of one William Netherland. He was sentenced to the penitentiary for life, and appealed to the supreme court.

From the circuit court of W inston county. Hon. Guión Q. Hall, Judge. Ashford, the appellant, was indicted and tried for rape, the charge being that he ravished and carnally knew one Tina Carter. He was convicted of an assault and battery with intent to ravish. The facts are sufficiently stated in the opinion of the court. The second and third instructions granted for the state are erroneous. They were calculated to influence the verdict reached.

From the circuit court of Yazoo county. Hon. Robert Powell, Judge. Campbell, appellant, was indicted, tried and convicted of the murder of one Bunk Collins, and sentenced to be hanged. He appealed to the supreme court. The opinion sufficiently states the case.

From the circuit court of Holmes county. Hon. William F. Steyens, Judge. Cain and Ammons, appellants, were indicted at the November term, 1902, of the circuit court of Holmes county, under laws 1900, p. 153, ch. 119, sec. 10, as road contractors, for neglecting their duty.

From the circuit court of Holmes county. Hon. William F. Stevens, Judge. Elmore and his partner, Johnson, appellants, were indicted, tried and convicted of a misdemeanor, under laws 1900, p. 153, ch. 119, sec. 10, and appealed to the supreme court. Their demurrer to the indictment was overruled by the court below, and this was assigned as error in the supreme court. The truth of the averments of the indictment may be conceded and yet appellants be guilty of no offense.

From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Montgomery, the appellee, was complainant in the court below; Scherck, appellant, and the Brookhaven Progressive Cotton Oil Co. were defendants there. From a decree, overruling his demurrer to the bill, Scherck appealed to the supreme -court. The opinion states the case.

From the chancery court of Tallahatchie county. Hon. A. Me. Kimbrough, Chancellor. Lyon, appellee, was complainant, and Brown, 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 facts of the case.

From the circuit court of, second district, Coahoma county. Hon. James H. Neville, Judge. Allen, West & Bush, appellants, were plaintiffs, and Bobo, appellee, was defendant in the court below. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court.

From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. .. Long, appellant, was indicted, tried and convicted of burglary, breaking and entering a dwelling-house and stealing money therein, and appealed to the supreme' court. The evidence for the state was to the effect that Long entered the house of one Lawson at night.

From the circuit court of Smith county. Hon. John R. Enochs, Judge. Swor, appellant, was indicted, tried and convicted of the murder of one Joseph Cathright, in Smith county, November 8, 1899, and, having been sentenced to death, appealed to the supreme court. The facts in reference to polling the jury are stated in the opinion of the court.

From the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. Woodruff and others, appólleós, were complainants in the court below; the State of Mississippi and others, appellants, were defendants there.

From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Mrs. McShan, appellant, was plaintiff in the court below; the railroad company., -appellee, was defendant there. The opinion states the case.

From the chancery court of Lawrence county. Hon. Henry C. Conn, Chancellor. Berry and others, appellants, were complainants, and Bullock and others, appellees, defendants in the court below. From a decree in favor of defendants, the complainants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

From the circuit court of Leflore county. Hon. William F. Stevens, Judge. Young, the appellant, was plaintiff, and Leflore county, appellee, was defendant in the court below. The suit was an action for a mandamus.

From the circuit of Harrison county. Hon. George Anderson, Judge. Washington, appellee, was the plaintiff in the court below; the town of Pass Christian, appellant, was defendant there. The action was in assumpsit on quantum meruit for professional services rendered by plaintiff, a physician, to four patients who were suffering from smallpox. From a judgment for $1,200 in plaintiff’s favor the defendant appealed to the supreme court.

From the chancery court of Simpson county. Held: be enjoined at the suit of private citizens or taxpayers? The general rule is stated in 7 Am. & Eng. Ency.

From tbe circuit court of Copiah county. Hon. Robert Powell, Judge. Burges, appellant, was indicted, tried and convicted in the court below of uttering counterfeit coin, and appealed therefrom to the supreme court. The indictment contained two counts. The first count charged appellant with making counterfeit coin. The second count charged him with uttering counterfeit coin.

From the circuit court of Warren county. Hon. George Anderson, Judge. Thomas, the appellee, was plaintiff in the court below, and the Gin and Mill Company, appellant, was defendant there. From a judgment for $500 in plaintiff’s favor defendant appealed to the supreme court. The suit was for personal injuries.

From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Raines, the appellant, was indicted for the murder of his wife, Sarah; he was tried, convicted and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Union county. Hon. Perrin H. Lowrey, Judge. Jones and others, appellants, were plaintiffs, and Kennedy and others, appellees, were defendants in the court below. From a judgment dismissing the suit and an order overruling a motion to set aside the dismissal, the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Quitman county. Hon. A. McC. Kimbrough, Chancellor. Sledge, appellant, was complainant, and Mrs. Dickson, appellee, defendant in the court below. The defendant filed a demurrer to parts of the bill — certain paragraphs — and answered certain other paragraphs. Upon the hearing the demurrer was sustained and the bill dismissed, and complainant appealed to the supreme court.

From the circuit court of DeSoto county. Hon. Perrin H. Lowrey, Judge. Williamson, sheriff, for the use of Cox, appellant, was the plaintiff in the court below; Wilkinson and others, appellees; sureties upon an indemnifying bond, given under code 1892, §§ 1967, 1968, were defendants there. The code sections are as follows: 1967 (1245).

From tbe circuit court of Yazoo county. ELon. Robert Powell, Judge. Held: ££ When legislation applies to particular bodies or associations, imposing upon them additional liabilities) it is not open to the objection that it denies them the equal protection of the laws, if all . brought.under its influence are treated alike under the same conditions,5 ’ or Gulf, G. As to the second proposition by the court,…

From the chancery court of Pontotoc county. Hon. Henry L. Muldrow, Chancellor. Hardin, appellee, was complainant, and Morrison, appellant, defendant in the court below. From a decree in complainant’s favor defendant appealed to the supreme court.

From the circuit court of Warren county. Hon. James H. Neville, Judge. Anderson, appellant, was plaintiff in the court below. The railway company, appellee, was defendant there. From a judgment in favor of defendant plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. It is manifest that the verdict was contrary to law and the evidence, and that the motion for a new trial should have been sustained.

From the chancery court of Monroe county. Hon. Henry L. Muldrow, Chancellor. Mrs. Burkett, guardian, the appellant, was the complainant, and Exile Burkett and another, appellees, were defendants in the court below. From a decree in defendants’ favor complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Franklin county. Hon. William C. Martin, Chancellor. Bunckley, appellee, was complainant in the court below; the mortgage company, appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant defendant appealed to the supreme court. The facts are stated in the opinion of the court'. Houses. Gumble, 78 Miss, 259; Montgomerys. Bank, 30 So. Rep. (Miss., 1901), 635; 2 Black. Com., 107, 108; 2 Minors Inst., 84; 2 Th.

From the chancery court of .Pontotoc county. Hon. Henry L. Muldrow, Chancellor. Mrs. Tyer, appellant, was complainant in the court below; Lilly and another, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to. the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Jackson county. Hon. Jas. H. Neville, Judge. Adams, state revenue agent, appellant (a representative of the state and of the county), was plaintiff in the court below; Miller (a dramshop keeper), and others (sureties on his dram-shop bond), appellees, were defendants there. From a judgment, sustaining defendants’ demurrer to the declaration, and dismissing the suit, the plaintiff appealed to the supreme court.

From the chancery court of Covington county. Hon. Stone Deavours, Chancellor. The appellant was complainant and the appellee defendant in the court below.

From the circuit court of Tunica county. Hon. Samuel C. Cook, Judge. The Board of Levee Commissioners for Yazoo and Mississippi Delta, appellant, was plaintiff in the court below; Houston (a dramshop keeper), appellee, was defendant there. The suit was an action for the privilege tax imposed for levee purposes on liquor dealers by laws of 1894, p. 78. From a judgment in defendant’s favor the plaintiff appealed to the supreme court.

From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellant was defendant and the appellee plaintiff in the court below. The opinion states the facts of the case. The case of Insurance Company v. Smith, 79 Miss., 112, relied on by the appellee, is no authority for and does not support the decision of the lower court in this case. The reason fails entirely where the premium is paid before notice of the additional and unauthorized insurance.

From the circuit court of Perry county. Hon. John R. Enochs, Judge. The appellee, Dobbins, was plaintiff, and the appellant, the Mississippi Fire Association, defendant, in the court below.

From the chancery court of Copiah county. Hon. Henry C. Conn, Chancellor. Nix, appellant, was complainant in the court below; Dickerson, appellee, was defendant there. From a decree dismissing the suit, complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of, first district, Hinds county. Hon. Henry C. Conn, Chancellor. Held: or if there had been a change of occupants, so as to have arrested notice and attention, the principle laid down in Dixon v. laooste, 1 Smed. & M., 70, might have been invoked; but the court also decided as follows: “But that possession may have the effect of protecting the title under which it is held, it must be of that character…

From the chancery court of Leflore county. Hon. A. Me.- Kimbrough, Chancellor. Hart, appellant, was complainant, and. Gardner and others, appellees, defendants in the court below. Held: ‘ ‘ Having that trust deed on the public record of the county where the land lay, which they could have seen and ought to have seen, the trustee and beneficiaries under the second trust deed must be charged with notice of it and with notice of whatever it would suggest to a prudent man.

From the chancery court of, second district, Coahoma county. Hon. A. McC. Kimbrough, Chancellor. Calvin Cheairs’ executors, appellants, were complainants in the court below; the administrators of the estate of Samuel D. Cheairs, deceased, appellees, were defendants there. The facts are sufficiently stated in the opinion of the court.

From the circuit court of Covington county. Hon. John R. Enochs, Judge. Mrs. Richardson, appellant, was plaintiff, and Biglane and others, appellees, were defendants in the court below. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court. Mrs. Richardson having shown a legal title to the lands for which she sued, in herself was entitled to recover.

From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Mrs. McRee and her children, appellants, were complainants in the court below; Swalm, appellee, was defendant there. The object of the suit was to cancel a tax deed. The defendant answered the bill, and by way of a cross-bill sought the confirmation of the tax deed. The demurrer .of complainants to the -cross-bill having been overruled, they appealed to the supreme court.

From tbe circuit court of Copiah county. Hon. Robert Powell, Judge. Copiah county,' appellee, was plaintiff in the court below; the railroad company, appellant, the lessee of the New Orleans, Jackson & Great Northern Railroad Company, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the supreme court.

From the chancery court of Warren county. Hon. W. P. S. Ventress, Chancellor. Mrs. Derdeyn, appellant, was complainant in the court below; Donovan, appellee, w'as defendant there. From a decree dissolving an injunction and awarding damages on complainant’s injunction bond, she appealed to the supreme court.

From the circuit court of Calhoun county. Hon. William F. Stevens, Judge. Held: time after time, that they are admissible for this purpose, whether communicated or uncommunicated. Scott v. State, 80 Miss., 197; s.c., 31 So. Rep., 710; Long v. State, 52 Miss., 23.

From the circuit court of Copiah county. Hon. Robert Powell, Judge. Tomicicb, appellee, was plaintiff in the court below, Howard, appellant (doing business under the name of W. S. Howard & Co.), was defendant there. The action was a proceeding to remove a tenant holding over, under code of' 1892, § 2515. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of' Hancock county. Hon. James'H. Neville, Judge. Bourgeois, appellant, was plaintiff, and Fairchild, appellee, defendant in the court below; from a judgment dismissing-the suit, the plaintiff appealed to the supreme court. An election was held in the town of Waveland for mayor and aldermen. Appellee, Fairchild, was the mayor, and appellant, Bourgeois, and one Fell were candidates for mayor at the election.

From the circuit court of, first district, Perry county. Hon. John R. Enochs, Judge. Stevens, the appellee, was plaintiff in the court below; one Enoch Fairley was defendant in execution, and Blalack and another, appellants, were claimants. Blalack and another had caused an execution to be issued upon a judgment in their favor against Fairley, and it had been levied upon certain sticks of valuable square timber, which were claimed by Blalack and his partners.

From the circuit court of Greene county. Hon. James H. Neville, Judge. Williams, appellee, was plaintiff, and Avera, appellant, defendant in the court below. The action was trespass for tearing down and removing' a house which was found by the jury to have been of the value of $300. A verdict was rendered for $500 in plaintiff’s favor, and from a judgment for the last named sum defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Clay county. Hon. William F. Stevens, Judge. ..Handle, appellee, was plaintiff in the court below; the insurance company, appellant, was defendant there. The suit was upon a fire insurance policy issued in Texas upon property located in that state.

From the chancery court of Pearl River county. Hon. Stone Deavours, Chancellor. George, appellant, who did business under the name “A. H. George & Co.,” was complainant in the court below; the Derby Lumber Co., appellee, wes defendant there. In June, 1901, M. J. Brown and C. H. Hyde formed a partnership under the firm name of the Derby Lumber Company. At the time this partnership was formed, M. J. Brown owed W. M. Hyde & Co. nearly $700.

From the circuit court of Covington county. Hon. John R. Enochs, Judge. Langford, appellee, was plaintiff in the court below; the Leek Milling Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of, second district, Perry county. Hon. John R. Enochs, Judge. Johnson, appellee, was plaintiff, and the compress company, appellant, defendant, in the court below. From a judgment in plaintiff’s favor, awarding him the value of the property sued for at the time the suit was begun, defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the chancery court of Franklin county. Hon. William C. Martin, Chancellor. The state, suing for the use of Franklin county, appellee, was complainant in the court below, Butler, county treasurer, and the sureties on his bond, appellants, and Proby, tax collector, and the sureties on his bond, were defendants there.

From the chancery court of Leflore county. Hon. A. Me. Kimbrough, Chancellor. Mrs. Henry and others, appellants, were complainants in the court below; Henderson, executor, was defendant there. From the final decree rendered in the cause by the court below the complainants appealed to the supreme court, and the defendant prosecuted a cross-appeal.