Volume 84 — Mississippi Reports

From tbe circuit court of Scott county. Hon. John R. Enochs, Judge. Livingston, appellee, was plaintiff, and the railway company, appellant, was defendant in the court below. From a judgment for $2,000 in plaintiff’s favor, the defendant appealed to. the supreme court. The evidence for plaintiff was that he and a companion were at Forest, a' station on defendant’s road, and intended to take the passenger train going east late that night for Meridian.

Prom the circuit court of Copiah county. Hon. David M. Miller, Judge. Held: “Whether the fee in a street is in the abutting owner or in the public, a municipal corporation cannot authorize a telegraph company to construct its line along a public street without first making compensation to such owner, since the line, being no part of the equipment of the street, but foreign to its use, is an additional…

From the chancery court of Benton county. Hon. Julian C. Wilson, Chancellor. Levy, appellant, was complainant in the court below; Royston and wife, appellees, were defendants there. From a decree, largely in defendant’s favor, the complainant appealed to the supreme court. The facts are fully stated in the opinion of the; court. We respectfully submit that the learned chancellor erred.

From the circuit court of, first district, Ooaboma county. Hon. Samuel 0. Cook, Judge. McCloud, appellant, suing for tbe use of Carly, was plaintiff, and McCullers, appellee, was defendant, in tbe court below. From a judgment in defendant’s favor, tbe plaintiff appealed to tbe supreme court. Tbe opinion states tbe facts.

Rrom the circuit court of Clarke county. Mon. James H. Neville, Judge. Adams, state revenue agent, appellant, an officer of the state, authorized (Laws 1894, p. 29), to sue for and recover delinquent taxes of past years, was the plaintiff, and the Lumber Company, appellee, was defendant in the court below. From a judgment in defendant’s favor, the plaintiff appealed to the supreme court.

Erom the circuit court of, first district, Hinds county. Hon. D. M. Miller, Judge. Downing, appellant, was plaintiff and Hinds county, appellee, defendant in the court below. Erom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

Erom tbe circuit court of Lincoln county. Hon. Robert Powell, Judge. Brister and others, appellants, doing business under the name Brister & Co., who sued for the use of several fire insurance companies, were the plaintiffs in the court below; the railroad company, appellee, was defendant there. Erom a judgment in defendant’s favor the. plaintiffs appealed to the supreme court.

<p>1. Parent and Child. Domicile.</p> <p>The domicile of a father is the domicile of his infant children.</p> <p>2. Guardians. Foreign appointment. Fight to infants' funds. Code 1892, U 2211, 1925.</p> <p>A foreign guardian is not required, under Code 189.2, § 2211, empowering him to sue for and receive property of his ward upon the same terms as foreign executors and administrators are authorized to sue for and recover property belonging to a decedent’s estate, to file his letters of guardianship, etc., in this state before receiving a check payable to himself as guardian, although, under Code 1892, § 1925, a foreign executor or administrator cannot sue for or recover the property of the estate until he has filed a certified copy of the record of his appointment in the proper chancery court in this state.</p>

Prom tbe circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Pulpus, appellant, was indicted jointly with Alexander Pulpus and Arthur Orr for the murder of one George Anderson. A severance was granted and appellant was separately tried, convicted and sentenced to be hanged, from which conviction and sentence he appealed to the supreme court — the first appeal. The supreme court reversed the conviction and awarded a new trial.

From the chancery court of, first district, ITinds county. Hon. Henry C. Conn, Chancellor. Thompson, appellant,.was complainant and the First National Bank, appellee, was defendant in the court below. From a decree sustaining a demurrer to the bill of complaint as amended the complainant appealed to the supreme court. The opinion ■of the court fully states the facts.

From the chancery court of, first district, Chickasaw county. Hon. Henry L. Muldrow, Chancellor. Steen and others, appellants, propounded for probate in the court below a claim against the estate of Mrs. M. M. Steen, deceased, which was resisted by Kirkpatrick and others, appellees, heirs of the decedent. From a decree denying probate of the claim the proponents appealed to the supreme court. The facts are fully stated in the opinion of the court.

Erom the chancery court of Madison county. Hon. Henrt 0. Oonn, Chancellor. Rutherford, administrator of the estate of Ann E. Parsons, deceased,' was the complainant; and Parsons, appellant, defendant in the court below. Erom a decree adjudging the title to some lands to have been in the decedent at the time of her death, and ordering it sold to pay the debts probated against the estate, Parsons appealed-to the supreme court.

From the chancery court of Tunica county. TIon. A. M’cC. Kimbrougi-i, Chancellor. Mrs. Bond, appellee, was complainant in the court below; Mitchell, appellant, was defendant there. Held: were paid, and therefore the redemption fails.

Erom the circuit court of Monroe county. Hon. Eugene O. Sykes/Judge. Mrs. Spratley, appellee, was plaintiff in the court below; the Telegraph Company, appellant, was defendant there. Erom a verdict and judgment for $200 in plaintiff’s favor defendant appealed to the supreme court. The plaintiff, a colored woman, resided at Aberdeen, Miss.

From the circuit court of Yazoo county. Hon. D. M. Miller, Judge. Mrs. Buster, appellee, was plaintiff; and the Cotton Oil Company, appellant, defendant in the court below. The proceeding was an application to the court, under Code 1892, § 105, to confirm an award. The formal award showed on its face that the parties appeared by counsel before the arbiters, but the original one, quoted in tbe opinion of tbe court did not so show.

From the circuit court of Sunflower county. Hon. A. McC.Kimbrough, Judge. Jones, the appellant, a chemist and the professor of chemistry in the state university, was plaintiff in the court below; Sunflower county, appellee, was defendant.there. This suit was brought by appellant against appellee to recover the sum of $100 for making an analysis of a human stomach.

Erom tbe circuit court of, second district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Cannon, appellee, was plaintiff in the court below, and Rowe, appellant, was defendant there. The suit was begun in a justice’s court where a judgment after a trial was rendered in defendant’s favor. Erom this judgment the plaintiff, Cannon, duly appealed to the circuit court.

From tbe circuit court of Clay county. Hon. William F. Stevens., Judge. Tbe Continental National Bank of Memphis, 'Tenn., appellant, was plaintiff, and tbe First National Bank of West Point, Miss., was defendant in the court below. From a judgment in defendant’s favor tbe plaintiff appealed to tbe supreme court. Tbe facts are fully stated in the opinion of tbe court.

From tbe circuit court of Claiborne county. Hon. George Anderson,- Judge. Held: “As the plaintiff was at the car, on the implied invitation of the defendant, defendant’s negligence and plaintiff’s contributory negligence were questions for the jury.” 4. As to persons on track or premises by invitation. Of this class are passengers, and others, using crossings prepared by the company for public convenience.

From the circuit court of Copiah county. Hon. Robert Powell, Judge. Mrs. Schraag, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below.

From the chancery court of Tazoo county. Hon. Robert B. Mayes, Chancellor. Buffington, the appellant, contested the will of his wife, Mamie; Mrs. Thomas, the appellee, was the contestee. From a decree probating and establishing the will the contestant appealed to the supreme court. The will was in-form a letter in the following words: “'San Antonio, Tex., Dec. 25, 1898. “Mr. Edward Drenning. “Dear Friend — This leaves me in bed with high fever.

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. The city of Jackson, plaintiff in the circuit court, was the appellant; Whiting and others, defendants in the circuit court, who had appealed to that court the city ordinance proposing to extend the city limits, were appellees in the supreme court. The facts are fully stated in the opinion of the court.

From the .circuit court of Tippah county. Hon. J. B. Boothe, Judge. Booker, the appellee, was indicted for an attempt to suborn a witness to commit perjury.

From the chancery court of, second district, Bolivar county. Hon. Cary C. Moody, Chancellor. Mrs. Friedberg and others, appellees, were complainants in the court below; Sheffield, appellant, was defendant there. From a final decree, predicated of a pro confesso, the defendant appealed to the supreme court.

From: the circuit court of Leflore county. Hon. A. McC. Kimbrough, Judge. Jones, appellant, having been indicted, tried, and convicted of the murder of one Robert Riley and sentenced to the penitentiary for life, appealed to the supreme court. On the night of January Y, 1904, at a meeting of the colored Knights of Pythias, appellant shot and killed Riley.

From the chancery court of Warren county. Hon. William P. S. Yentress, Chancellor. Foster, appellant, propounded a claim for probate against the estate of Frank A. Schmidt, deceased, of which estate, Schaffer, appellee, was administrator. The claim was in writing and in these words: “Vicksburg, Nov. 3, 1902. “Estate of Frank A. Schmidt. “To T. K..

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Thread, the appellee, was plaintiff in the court below; Wise, the appellant, was defendant there. Thread brought suit against Wise before the mayor' of Jonestown, in Coahoma county, and obtained a judgment. This judgment was never satisfied. Wise afterwards removed to justice district No. 3 of said county.

From the circuit court of Alcorn county. Eugene O. Sykes, Judge. Aycock, the appellant, was petitioner and plaintiff in the court below; Hampton, appellee, was defendant there. The suit was an habeas corpus proceeding, in which the plaintiff sought to obtain the custody of his bastard twelve-year-old daughter, Angeline Aycock, whose mother, one Celia Lust, was dead. The defendant was a brother of the child’s deceased mother.

From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Mrs. Chambliss, the appellant, was plaintiff, and Wood, the appellee, was defendant in the court below. From a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, the plaintiff sought to appeal to the supreme court.

From the chancery court of Adams county. Hon. William P. S. Ventress, Chancellor. In these cases the appellees — Mrs. Forsythe et al.; Brandon, administrator, et al.; and Henry, executor, et al., respectively— were petitioners. In each ease the chancery court was asked to require the appellant, John K. Nutt, administrator, etc., to recognize tbe petitioners as distributees of the estate of which he was administrator, and to enforce distribution.

From the chancery court of Bolivar county. Hon. A. McC. Kimbrough, Chancellor. Dreyfus, appellant, was complainant in the court below, and Gage and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court.

From the chancery court of Lowndes county. Hon. James E. McCool, Chancellor. Mrs. Ostrander, appellant, was complainant in the court below; Mrs. Quin and others were defendants there. Erom a decree in defendants’ favor the complainant appealed to the supreme court.

From the circuit court of Union county. Hon. Perrin H. Lowrey, Judge. The Wear-Boogher Dry Goods Company, appellant, was plaintiff in the court below, and one Charles E. Kelly was defendant there. The suit was an attachment, and certain property having been levied upon as the property of defendant in attachment, the same was claimed by William M. Kelly, claimant and appellee.

From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Knoop and others, appellants, composing the copartnership of “Knoop, Freirick & Company’s Agency,” were plaintiffs in the court below; the Columbus Compress Company was defendant there. From a judgment in defendant’s favor th§ plaintiffs appealed to the supreme court. The plaintiffs had delivered to defendant during the cotton season, 1901-02, a large number of bales of cotton for compression and storage.

Erom tbe circuit court of, second district, Bolivar county. Hon. A. MoC. Kimbrough, Judge. Metcalf, tbe appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe facts are stated and tbe code section involved quoted in tbe opinion of tbe court.

From' the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Mrs. Sneed, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. From a judgment for $750 in plaintiff’s favor tbe defendant appealed to the supreme court. Tbe facts are stated and tbe code section involved quoted in tbe opinion of tbe court.

Erom tbe circuit court of Washington county. IIon. A. McC. Kimbrough, Judge. The G-len Allen Oil Mill, appellee, was plaintiff in the court below; the Hardie-Tynes Foundry & Machine Co., appellant, was defendant there. Both parties were corporations. From a judgment in plaintiff’s favor defendant appealed to thé supreme court. The facts are stated in the opinion of the court. A cardinal rule for the interpretation of contracts is that the intention of the parties must govern.

From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Ivy, the appellant, and others were jointly indicted for the murder of one William McQuiston. TJpon a severance appellant was separately tried, convicted and sentenced to be banged, from which conviction and sentence he appealed to the supreme court. The opinion of the court contains a sufficient statement of the facts to insure a comprehension of the question decided.

From tbe chancery court of Madison county. Hon. Henry C. Oonn, Chancellor. The city of Canton, appellant, was complainant in the court below; the Canton Cotton Warehouse Company and the Illinois Central Hailroad Company, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. 1.

From the chancery court of Washington county. Hon. Carey 0. Moody, Chancellor. Allen, appellant, was complainant in the court below; the Alliance Trust Company and others, appellees, were defendants there. From a decree sustaining defendants’ demurrer to a part of the bill, the complainant appealed to the supreme court. In 1891 Joseph Wilczinski owned a plantation in Washington county, Miss.

From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Buchanan, the appellant, was indicted for the murder of one Dehay, tried and convicted of manslaughter, sentenced to the penitentiary for fifteen years, and appealed to the supreme court.

From the circuit court of Claiborne county. Hon. George Anderson, Judge. Jordan, appellee, was plaintiff, and Marx and others, partners under the name Henry Marx & Sons, appellants, were defendants in the court below. From a judgment in plaintiff’s favor the defendants appealed to the supreme court.

From tbe circuit court of Jones county. ■ Hon. John R. Enochs, Judge. Held: and necessarily so, that the interstate commerce law and the interstate commerce commission have no application to and no concern with rates other than inter-state rates. The Gulf & Ship Island Railroad can have no inter-state rates unless it makes joint rates with some other carrier.

From the chancery court of, second district, Chickasaw county. Hon. Henry L. Muldrow^ Chancellor. The questions in this case arose thus: Chandler, administrator of the estate of Lee W. Dobbs, deceased, collected five hundred dollars' on a policy of life insurance on the life of the decedent, payable to the administrator of the insured.

From tbe circuit court of Leflore county. Hon. A. MoC. Kimbrough, Judge. Dean, the appellee, was plaintiff, and Bowles, appellant, defendant in tbe court below. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe opinion states tbe facts.

From the circuit court of Tate county. Hon. J. B. Boothe, Judge. Cocke, the appellant, was plaintiff, and the telegraph company, appellee, defendant in the court below. From a judgment in plaintiff’s favor against defendant for nominal damages, one dollar, the plaintiff appealed to the supreme court. The opinion states the facts. Plaintiff’s duty was to pay for the transmission of the telegram, which he did.

From the circuit court of Tunica county. Hon. Samuel 0. Cook, Judge. The board of levee commissioners, appellee, was plaintiff, and Tate and another, appellants, were defendants in the court below. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The suit was brought to recover the sum of $200, being double the amount of privilege license tax claimed by plaintiff for two years, from January 1, 1901, to January 1, 1903.

From the chancery court of Lauderdale county. ILon. Stone Deavoubs, Chancellor. Ida Walker, appellant, was complainant, and Williams and others, appellees, defendants in the court below, in the supplemental proceedings out of which the litigation sprang. The facts were these: One John T. Ball died intestate in 1890, leaving some lands in the city of Meridian. His heirs were his son, A. II. Ball, .two daughters, and a grandson.

From the circuit court of Jones county. Hon. John E. Enochs, Judge.* Anderson and others, appellants, were plaintiffs, and Moore, appellee, was defendant in the court below. From a judgment for defendant plaintiffs appealed to the supreme court. The suit was an action of ejectment brought by plaintiffs, the heirs of Isaac Anderson, deceased, against Eichard Moore for the S. i of N. E. 1-4 of S. W. 1-4, section 84, township 8, range 12 W., less two acres.

From the chancery court of, second district, Carroll county. Hon. Adam M. Byrd^ Chancellor. Brownlow and others, appellees, were complainants, and Mrs. .Southworth and others, appellants, were defendants in the court below. From a decree in complainants’ favor the defendants appealed to the supreme court.

Erom the chancery court of, second district, Perry county. Hon. Stone Deavours, Chancellor. Brantley, the appellant, was complainant, and Batson and others, the appellees, were defendants in the court below. Erom a decree in defendants’ favor the complainant appealed to the supreme court. The facts sufficiently appear from the opinion of the court.

From the circuit court of Copiah county. Host. Robert Powell, Judge. Boyd, appellant, was tried and convicted of murder by poisoning his wife, and appealed to the supreme court. The opinion states the case. The evidence is not sufficient to sustain a conviction. There is nothing in the testimony, in the first place, to show, beyond a reasonable doubt, that the good woman died of poison. But’ if that was shown, it is not shown that Boyd was the criminal agent.

From the chancery court of Lincoln county. Hon. Bobert B. Maye^, Chancellor. Pickering and another, appellees, were complainants in the court below; Hartman and wife, appellants, were.defendants there. From a decree in complainants’ favor the defendants appealed to the supreme court. The opinion states the facts of the case.

From the circuit court of Jones county. Hon. Joiin R. Enochs, Judge. Turner, appellee, was plaintiff, and Halsell, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the chaneeiy court of Jones county. Hon. Stone Heavours, Chancellor. Rowell and another, appellees, were complainants, and the city of Laurel and the Laurel Improvement Company, a corporation, appellants, were defendants in the court below. From a decree in complainants’ favor the defendants appealed to the supreme court-. Post street in the city of Laurel, Mississippi, is a narrow street running east and west, about 200 feet long, connecting East and Pine streets.

■ From the chancery court of, second district, Coahoma county. IIon. A. McO. Kimbrougi-i, Chancellor. Mrs. Wildberger and others, appellants, were complainants, and Shaw, assessor, and Shannon, tax collector, appellees, were defendants in the court below. From a decree partly in defendants’ favor the complainants appealed to the supreme court. The facts are sufficiently stated in the ojúnion of the court.

From the circuit court of Jones county. Hon. John E. Enochs^ Judge. Foote, the appellant, was plaintiff, and the Hall Commission Company, appellee, was defendant in the court below. From a judgment dismissing the suit on defendant’s motion the plaintiff appealed to the supreme court. Foote sued out a writ of attachment against the Hall Commission Company in the circuit court of Perry county.

Prom the circuit court of, second district, Perry county. Hon. John E. Enochs, Judge. Hartzog, the appellant, was plaintiff, and the telegraph company, appellee, defendant in the court below. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was to recover punitive damages for the failure to deliver a telegram sent to plaintiff at Hattiesburg from lit. Olive, Mississippi.

From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Johnson, appellee, was plaintiff, and Jacobs and another, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

From the circuit court of Hancock county. Hon. William T. McDonald, Judge. Dunk, appellant, was indicted, tried, and convicted of the murder of one Nix, and was sentenced to death; he appealed to the supreme court from said conviction and sentence. The opinion states the facts upon which the case was decided by the supreme court.

Erom the circuit court of Madison county. Hon. Kobert Powell, Judge. Abrams, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Prom the chancery court of Adams county. Hon. William P. S. Ventress, Chancellor. Knut, appellee, was complainant, and Nutt and others, appellants, were defendants in the court below. Prom a decree in complainant’s favor, the defendants appealed to the supreme court. The case was heretofore in the supreme court, and the former decision is reported. Knut v. Nutt, 83 Miss., 365.

Prom the chancery court of Grenada county. Hon. James 0. Longstreet, Chancellor. The Union & Planters Bank of Memphis, the appellant, was complainant, and Duncan, the appellee, defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court.

From the circuit court of Lauderdale county. Hon. Guión Q. I1axx,i Judge. Horton, appellant, was indicted, tried, and convicted of rape, and appealed to the supreme court.

From the circuit court of Holmes county. How. William F. Stevens, Judge. Tidwell, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. The evidence showed that Tidwell went with an officer and some other men to a house to arrest a man one night. Graves came up toward the house, and was mistaken by Tidwell for the man they were looking for, and Tidwell shot Graves, slightly wounding him.

From the circuit court of Tate county. Hon. J. B. Bootee, J-udge. Huffman, appellant, was indicted, tried, and convicted of an assault and battery with intent to kill and murder one Stephen Franklin, and appealed to the supreme court. Defendant filed a plea of former jeopardy, alleging that he had already been convicted on a charge of assault and battery, and that said charge was of and for the same offense set out in the indictment.

From tbe chancery court of DeSoto county. Hour. Julian 0. Wilson, Chancellor. Harkleroad, appellant, was complainant, and Mrs. Bass and others, appellees, defendants in the court below. From a decree in defendants’ favor complainant appealed to the supreme court.

From the circuit court of Pontotoc county. Hon. Eugene 0. Sykes, Judge. Horton, appellee, was plaintiff, and the railroad company, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Appellee was a merchant doing business about seven miles-from Pontotoc, Mississippi.

From the chancery court of, first district, Coahoma county. Hon. Carey C. Moody, Chancellor. Henry Bennett, Jr., and others, appellees, were complainants in the court below; Calvin B. Bennett, appellant, was defendant there. From a decree in favor of the complainants the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Jefferson county. Hon. Jeee Truly, Judge. Dougherty, appellant, was plaintiff, and the Yazoo & Mississippi Valley Railroad Company, appellee, and another were defendants in the court below. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The suit was not only against the railroad company, but was against the Pullman Company (a sleeping car company) as well.

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

From tbe circuit court of, first district, Hinds county. Held: interest and mesne profits be the equivalents of each other, then a fraction of the one is the equivalent of a corresponding fraction of the other, and where the tenant has received an acquittance as to- part of the rents, he should be denied the recovery of a corresponding part of the interest.

From tbe chancery court of, first district, Perry county. Hon. Stone Deavours, Chancellor. Hinton, appellant, was complainant, and Perry county, appellee, defendant in the court below. Held: was void and in violation of secs. 259 and 260 of the constitution of 1890. The defendant answered the bill, denying all the material allegations thereof.

From the chancery court of Leflore county. Hon. Carey C. Moody, Chancellor. Mrs. Haley, the appellee, was complainant, and Means and others, appellants, defendants in the- court below. From a decree in complainant’s favor the defendants appealed to the supreme court. Mrs. Haley filed her bill in the chancery court of Leflore county, against appellants and all persons having or claiming any interest in the lands described in the bill, to quiet her tax title to said land.

From the chancery court of, second district, Coahoma county. Hon. Carey C. Moody, Chancellor. Scipio Martin, the appellant, was complainant, and Antoinette Martin, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The opinion states the facts of the case.

From tbe circuit court of Holmes county. Hon. A. McC. Kimbrough, Judge. Alexander, tbe appellant, was tbe plaintiff, and Zeigler, tbe appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court.

From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Held: if one were superior to the other, or had the right to control the services of the other, or to direct the services of the other, there could be a recovery, if the superior, or the one having control or the right to give direction as to the services of the other, were negligent. ' We respectfully submit, therefore, that if the…

From the circuit court of Washington county. IIon. A. MoO. Kimbrough, Judge. Schrader, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court.

From the chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor. Jones and another, appellees, were complainants, and Weir, appellant, was defendant in the court below. From a decree in complainants’ favor the defendant appealed to the supreme court.

From tbe chancery court of, second district, Carroll county. Hon. Adam M. Byrd, Chancellor.

Erom the chancery court of Lowndes county. Hon. James E. McCool, Chancellor. Crump and others, appellees, were complainants, and Moore and others, appellants, defendants in the court below. Erom a decree in complainants’ favor the defendants appealed to the supreme court. The 'facts are fully stated in the opinion of the court. The bill on its face makes out no case, and is directly in the teeth of the statute of frauds.

From the chancery court of Holmes county. Hon. Adam M. Byrd, Chancellor. Theus N. Miles and others, appellees, were complainants in the court helow; Mary B. Miles and others, appellants, were defendants there. From a decree in complainants’ favor the defendants appealed to the supreme court.

From tbe circuit court of DeSoto county. Hon. J. B. Boothe, Judge. Nelms and others, appellees, were plaintiffs, and tbe Board of Levee Commissioners for tbe Yazoo-Mississippi Delta, appellant, was defendant in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The opinion states the case.

From the chancery court of Bolivar county. Hon. A. McO. Kimbrougi-i, Chancellor. Bill by Eldon C. Field against the Middlesex Banking Company and others to procure the cancellation of certain instruments on the ground of fraud. Eldon C. Field died, and the suit was revived in the name of Bate Field as his sole devisee and legatee. Subsequently Bate Field died, and the suit was revived in the name of Mrs. Sarah M. Field as devisee and legatee.

From the chancery court of Lafayette county. Hon. James 0. Longstrbet, Chancellor. Silas Owens died in 1889, leaving a will. He left an estate of about $100,000. In his will he devised and bequeathed all his property except $5,000, which he bequeathed to the lady he afterwards married, to his four children. At the time of the execution of this will he was a widower, but afterwards married, and had two more children by this last marriage.

From the chancery court of Grenada county. Hon. Julian 0. Wilson, Chancellor. Herring, the appellee, was complainant, and the American Cotton Company, appellant, defendant in the court below. From a decree partly in complainant’s favor the defendant appealed to the supreme court, and complainant prosecuted a cross-appeal. The facts are stated in the opinion of the court.

From the chancery court of Covington county. Hon. Stone Deavours, Chancellor. The Insurance Company of North America, the Aetna Insurance Company of Hartford, Connecticut, and the Philadelphia Underwriters Insurance Company of Philadelphia, appellees, were complainants, and Tisdale, appellant, was defendant in the court below. Prom a decree favorable to complainants, the insurance companies, the defendant appealed to the supreme court.

From the chancery court of Claiborne county. Hon. William 0. Martin, Chancellor. Exceptions by McDougall and others, appellees, to the accounts of Gordon, appellant, as administrator of the estate of J. H. Gordon, deceased, executor of the estate of L. N. Baldwin, deceased. From a decree for exceptors the administrator appealed to the supreme court. The will of L. N. Baldwin creates an express trust for the payment of debts. 8 Am. & Eng. Ency.

From the circuit court of, second district, Marion county. Hon. William T. McDonald, Judge. Wellborn, the appellant, suing for the use of Marion county, of which county he was the chancery clerk, was plaintiff, and Muller,- appellee, was defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court.

From the circuit court of Warren county. Hon. George Anderson, Judge. Mrs. Wood, the appellee, was plaintiff, and Wilson, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. [The reporter has been unable to find the briefs of counsel in this case.]

From the chancery court of Grenada county. Hon. Julian C. Wilson, Chancellor. Duncan, the appellee, was complainant, and Gerard, tax collector, appellant, the 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. [The briefs of counsel in this case could not be found by the reporter.]

From tbe chancery court of Harrison county. Hon. Stone Deavours, Chancellor. Ott and others, appellees, were complainants in the court below; the Barataría Canning Company, appellant, was defendant there. From a decree favorable to complainants the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of Monroe county. ITon. Eugene O. Sykes, Judge. Thompson, the appellant, was indicted for the murder of one James McGraw; he was tried and convicted of manslaughter and appealed to the supreme court. On the 17th day of June, 1903, appellant was going south in the public road, not far from his home, and met deceased, McGraw, and his wife in a buggy, going north.

Brom the chancery court of Lowndes county. Hon. James B. McOool, Chancellor. Duncan, the appellee, was complainant in both cases in the court below; Wheeler Watson, appellant, was sole defendant there in one of the cases, and he and Henry Watson were defendants in the other case. Brom decree in complainant’s favor, defendants appealed to the supreme court. In January, 1894, appellee, Duncan, married Mrs. J. W. Manning.

From the circuit court of, first district, Marion county. Hon. William T. McDonald, Judge. Miller, the appellee, was plaintiff, and Holloway, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion fully states the case. Counsel for appellee rely on Pevey v. Jones, 71 Miss., 647.

Hearing before the judges of the supreme court in vacation, August 22, 1904. The opinion states the case. William Williams, attorney-general, Edgar H. Batclijf, and B. W. Gulrer, opposing.

From the circuit court of, first district, ITinds county. Hon. David M. Miller, Judge. Affidavit was made in the police justice’s court of the city of Jackson against appellant, Chrisman, for unlawfully selling intoxicating liquor. He was tried and convicted, and appealed to the circuit court.

Erom tbe chancery court of Lee county. Hon. Henry L. Muldrow, Chancellor. •Clark and others, composing the firm of Clark, Hood & Co., appellees and cross-appellants, were complainants in the court below; Clifton and others, executors, appellants and cross-appellees, were defendants there. Erom a decree partly favorable to defendants they appealed to the supreme court, and complainants prosecuted a cross-appeal.

From the circuit, court of Leflore county. Hon. William F. Stevens, Judge. Proceedings by Henderson and others, appellees, protesting against the adoption of an official map by the city of Greenwood. From an order of the municipal authorities adopting the map over the protest an appeal was taken to the circuit court; From the judgment of the circuit court reversing the order the city appealed to the supreme court.

From the chancery court of Sunflower county. Hon. Percy Bell, Special Chancellor. Baines, the appellant, was complainant, and Baird, the appellee, defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court.