Volume 85 — Mississippi Reports

From the chancery court of, second district, Perry county. T:Ion. Stone Deavours, Chancellor. Adams, state revenue agent, appellant, was complainant, and Griffin, appellee, defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court.

Prom the circuit court of Warren county. Hon. George Anderson, Judge. Application by George Harris for a writ of habeas corpus. Prom a judgment remanding relator to custody he appealed to the supreme court.

From the circuit court of Warren county. Hon. George Anderson, Judge. Dana Blackmar, suing for the use of the Georgia Home Insurance Company, appellee, was plaintiff in the court below; the Yazoo & Mississippi Valley Railroad Company, appellant, was defendant there. From a judgment in plaintiff’s favor the •defendant appealed to the supreme court.

<p>Tax Titles. Confirmation. Pleadings. Presumption.</p> <p>Where a bill for confirmation of a tax title alleges a valid sale of the land for taxes and exhibits as part thereof a tax deed in statutory form, which under the law is prima, fade evidence of the validity of the assessment and sale, it cannot be assumed on • demurrer that the assessment was made under the unconstitutional act of 1888 (Laws, p. 24) because the tax deed recites that the sale was for the taxes assessed for the year 1890.</p>

From the circuit court of, first district, Hinds county. Hon. David M. Hiller, Judge. Thomas Harris, appellee as against the Illinois Central Railroad Company, and appellant as against the Gulf & Ship Island Railroad Company, was the plaintiff, and both of said railroad ■companies were defendants in the court below. From a judgment in plaintiff’s favor against the Illinois Central Railroad 'Company that defendant appealed to the supreme court.

From the circuit court of Warren county. FIon. George Anderson, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The opinion states the facts upon which the case was decided. This is a charge of burglary. The corpus delicti in such cases consists of two elements: (a) The breaking in, and (b) the intention of committing a crime. A breaking in without, intending to commit a crime is not burglary.

From the chancery court of Noxubee county. Hon. James F. McCool, Chancellor. .The appellee, Mattie J. Cash, was complainant, and John A. Cotton and others, appellants, were defendants in the court below. Mrs. Hanna W. Cotton died in 1903, seized and possessed-of certain lands in Noxubee county.

Erom the circuit court of Warren county. Hon. George Anderson, Judge. Mrs. Pervangher, appellant, was plaintiff, and the Casualty & Surety Company, appellee, defendant in the court below. Erom a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, the plaintiff appealed to the supreme court. The case was once before in the supreme court, and is reported. Pervangher v. Union Casualty & Surety Go., 81 Miss., 32.

From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Robert Lewis and Robert Allen, the appellants, were indicted jointly with one Patterson for burglary. A nolle prosequi was entered as to Patterson. Appellants were tried, convicted, and appealed to the supreme court. On the trial a juror of the original panel was challenged for cause by the state, on the ground that he had a case pending 'against him in the court.

From the circuit court of'Holmes county! Hon. A. Mc’C. Kimbrough, Judge. Dean, the appellant, was indicted, tried, and convicted of murder and' sentenced to be hanged, and appealed to ' the supreme court. Dean was jointly indicted with William and Samuel CampJ bell for the murder of one Washington Honey. There was a severance, and Dean'was tried, with the result -above stated. His motion for a new trial was overruled.

From the chancery court of Warren county. Hon. W. P. S. Ventress, Chancellor. In March, 1899, J. T. Harrahan, appellee, recovered a decree in the chancery court of Warren county against E. M. McAdams, J. H. McAdams, and W. L. McAdams, composing the firm of E. M. McAdams & Sons. On February 25, 3 902, an execution was issued for the balance then due of this decree, and levied on twelve mules in the possession of W. L. McAdams.

From the chancery court of Lauderdale county. Hon. Stone Deavours] Chancellor. ' The Meehan-Bounds Lumber Company, the appellee, was the complainant, and the Fernwood Lumber Company, the 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 Warren county. Hon. George Anderson, Judge. Hilley, the appellant, was plaintiff, and the telegraph company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion states the facts of the case. Is appellant entitled to recover of appellee the penalty of twenty-five dollars imposed by § 4326, Code 1892 ?

From the chancery court of, first district, Hinds county. Hon. Kobert B. Mayes, Chancellor.

From the circuit court of Newton county. FT on. John Ft. Enochs, Judge. This was a suit for damages for the death of T. R. Over-street, alleged to have been wrongfully caused by the railway company. Deceased was the husband of the plaintiff, Margaret A. Overstreet, and the father of the other plaintiffs.

From tbe circuit court of Prentiss county. Hon. Eugene O. Sykes, Judge.

From the judge of the circuit court of Prentiss county. Hon. Eugene O. Sykes, Judge. Fugate, the appellant, was indicted, tried, and convicted of murder. His case is twice reported — Fugate v. State, 82 Miss., 189; Fugate v. State, ante p. 86. The judge of the court below, after appellant’s second conviction, denied his petition for a writ of error coram nobis, and he appealed to the supreme court.

From: the circuit court of, second district, Yalobusha county. Hon. Samuel O. Cook, Judge. ’. . Gammons, appellant, was indicted,-tried,' and - convicted of murder, sentenced to be hanged, and appealed to the supreme court. The-opinion states the facts of the case-ixpon which the decision is based.

From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Held: payable out of the treasury of each county in which the court is held and the services are respectively performed., which, shall be audited and allowed by the court at each session thereof; or in case of failure to do so, then at any subsequent session; and the board of supervisors shall order the issuance of a warrant for the same…

Erom the circuit court of, second district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Gould, the appellant, was plaintiff, and Chickasaw county, the appellee, defendant in the court below. Erom a judgment in defendant’s favor the plaintiff appealed to the supreme court.

From the chancery court of Tunica county. Hon. Carey O. Moody, Chancellor. The appellee, Amelia Reed, was complainant, and the appellant, Alonzo L. Reed, was defendant in the court below. Bill by Amelia Reed against Alonzo L. Reed for divorce and alimony. Defendant answered the bill under oath, denying the-marriage and alleging that plaintiff at the' time of her marriage to defendant was married to another and had obtained no divorce.

From the chancery court of Scott county. Hon. James L. McOaskiles, Chancellor. Mrs. Oatis and others, all citizens of Mississippi, appellees, were complainants in the court helow. The suit was one to remove clouds from title to land. Day, appellant, a citizen of the state of Minnesota, and a corporation of Mississippi, the Kreutzer-Winton Company, which disclaimed any interest in the land sued for, were defendants.

Erom the circuit court of, first district, Hiuds county. Hon. David M. Miller, Judge. Rhymes, the appellant, was plaintiff, and the Street Railway Company, the appellee, was. defendant in the court below. Erom a verdict, predicated of a peremptory instruction, in defendant’s favor and a judgment thereon, the plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court. .

From tbe circuit court of Smith county. Hon. John E. Enochs, Judge. William C. Sullivan (commonly called Bill Sullivan), the appellant, and Andrew Jackson Sullivan (commonly called Jack Sullivan), father and son, were jointly indicted for the murder of Wilson Sullivan, a brother of appellant. A severance was had, and appellant separately tried, convicted, and sentenced to the-penitentiary for life, from which conviction and sentence he appealed to the supreme court.

From; tbe chancery court of Greene county. Hon. Stone Deavours, Chancellor. The appellee, Murdock McInnis,• was complainant, and the appellants, George S. Leatherbury, Jr., et al., were defendants in the court below.

From tbe circuit court of Tate county. JIon. J. B. Boothe, Judge. Bedus, tbe appellant, was plaintiff in tbe court below; Gamble, tbe appellee, was defendant there. From a judgment in tbe circuit court in' defendant’s favor tbe plaintiff appealed to tbe supreme court.

Prom the chancery court of Warren county. Hon. William P. S. Venteess, Chancellor. Hopkins, appellant, was complainant, and Woodson, appellee, defendant in the court below. Held: as stated in the syllabus, “Where all the parties participate in the violation, of law, the court will not, where the contract is executed, interfere for the relief of either party, but will leave them in their respective conditions.

From the circuit court of, first 'district, Hinds county. Hon. David M. Miller, Judge. Fuller, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The facts upon which the decision turned are well stated in the opinion of the court.

From the circuit court of Tate county. BCon. J. B. Boothe, Judge. Whit, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. He was erroneously denied a continuance by the court below. The facts upon which the decision turned are stated in the opinion of the court.

From the circuit court of, first district, Iiinds county. How. David M. Miller/ Judge. The Thomas J. Lipton Company, a corporation, the appellee, was plaintiff in the court helow; Bonds, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion states the case.

From the chancery court of Union county. TIon. Henry L. Muldrow, Chancellor. Adams, state revenue agent, the appellant, a state officer authorized by law (Laws 1894, p. 29) to sue for and recover all sums due the state, counties, etc., from defaulting officers, taxpayers, etc., was complainant, and Coker, administrator, and others, the appellees, were defendants in the court below.

From the chancery court of, second district, Coahoma county. Hon. Carey A. Moody, Chancellor. Dodge, the appellee, was complainant, and Hancock, appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill of complaint, the defendant appealed to the supreme court. The written instrument sought to be reformed is a mere offer of sale, and not a contract.

Erom the chancery court of Lowndes county. Hon. James F. McOool, Chancellor. Johnston and others, Moore and others, and Robertson and others, the respective appellants, were complainants, respectively, and the Columbus Insurance and Banking Company, the appellee in each case, was defendant in each of the cases, in the court below. Erom a decree in defendants’ favor in each case, the complainants appealed to the supreme court.

From the chancery court of, first district, Hinds county. Hon. Hobert B. Mayes, Chancellor. Thompson, the appellant, suing as trustee in bankruptcy, was the complainant, and the First National Bank, 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 Pearl River county. Hon. William T. McDonald, Judge. Mrs. Brooks, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Tbe suit was for tbe alleged wrongful killing of plaintiff’s husband. From a judgment for $1,999.98 and costs of suit in plaintiff’s favor the defendant appealed to the supreme court.

<p>Constitutional Law. Constitution 1890, sec. 33. Stock law. Code 1892, $$ 2055-2059. Statute. Operation on future contingency.</p> <p>The operation of a statute may he dependent upon a future contingency, without being unconstitutional, and §§ 2055-2059, Code 1892, providing for the establishment of stock-law districts by petition and vote, do. not violate sec. 33, Constitution 1890, vesting the law-making power of the state in the legislature.</p>

From tbe circuit court of, first district, Coahoma county. Hon. Samuel O. Cook, Judge. Young, the appellee, was plaintiff, and McCaughn, the appellant, was defendant in the court below. The action was an ejectment. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the facts of the case.

From the circuit court of Tunica county. Hon. Samuel C. Cook, Judge. . McClure, the appellee, was plaintiff, and West, the appellant, defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the facts of the case upon which the decision turned. The court should have overruled the demurrer to the plea setting up the want of jurisdiction in the Tennessee court to render the judgment sued on in this ease.

From the chancery court of Noxubee county. Hon. James F. McOool, Chancellor. Welch, the appellant, was complainant, and- Mrs. Williams and others, the appellees, were defendants in the court helow. From a decree sustaining the demurrer of defendants to the bill of complaint and dismissing the suit the complainant appealed to the supreme court. The opinion of the court states the facts of the case.

From the chancery court of Sunflower county. Hon. Julian C. Wilson, Chancellor. Montgomery and another, appellees, were complainants in the court below; the Indianola, etc., Company, appellant, was defendant there. The suit was to confirm complainants’ title to a small piece of land. The defense was predicated of the idea that the land in controversy constituted a part of a street in the town of Indianola.

From the circuit court of Simpson county. Hon. John R. Enochs, Judge. Boswell, the 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.

Erom the circuit court of Oktibbeha county. ITon. Eugene O. Sykes,, Judge. Edwards, the appellee, was plaintiff, and the insurance company, the appellant, defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Montgomery, the appellant, was indicted, tried, and convicted of an assault with intent to kill and murder, or of an assault and battery with like intent, both crimes being charged in the indictment and a general verdict of guilty being rendered. From this conviction he appealed to the supreme court.

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Harper, the appellant, was indicted, tried, and convicted of the unlawful sale of intoxicating liquor, and appealed to the, supreme court.

From tbe circuit court of Jefferson county. Hon. Moyse H. WinaNSON, Judge. Brennan, appellant, was plaintiff, iand Straas, appellee, defendant, in tbe court below. Held: and appellant failed to prosecute this appeal or to have the cause docketed and disposed of, but waited until the 4th day, of February, 1904, and then attempted to get up this appeal.

From the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Bolen, the appellant, was plaintiff, and Lilly and others, appellees, were defendants in the court below. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The action was ejectment. The facts are stated in the opinion of the court. The land in controversy was part of the homestead. Bolen is not precluded from recovering in this suit.

From tbe circuit court of Attala county. Hon. William F. Stevens, Judge. Smith, tbe appellee, was plaintiff, and tbe railroad company, appellant, defendant in tbe court below. From a judgment in plaintiff’s favor for $5,75 and costs, tbe defendant appealed to tbe supreme court. Tbe facts are fully stated in tbe opinion of tbe court.

From the chancery court of Clay county. IIon. Wiley IT. Clinton, Special Chancellor. Smith, the appellee, was complainant, and Street, the appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill defendant, Street, appealed to the supreme court. The bill alleges that on January 6, 1892, J. IT.

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Harrington, the appellee, was plaintiff, and the railroad company, the appellant, defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Erom the chancery court of Pearl Piver county. Hon. Stone Deavours, Chancellor. Einal accounting by George M. Calhoun, one of the appellees, as surviving partner of the partnership estate of himself and S. E. Lance, deceased, and. final accounting of J. J. Scarborough, the other appellee, as temporary administrator of deceased. From a decree allowing the accounts, Mary E. Lance, administratrix, appealed to the supreme court.

Erom the circuit court of Lawrence county. Hon. John E. Enochs, Judge. Tbe village of Silver Greek, the appellee, suing for the use of one Alonzo May, was the plaintiff in the court below; Car-lisle and the sureties on his official bond, the appellants, were defendants there. Erom a judgment in favor of the plaintiff for $500 and costs, the defendants appealed to the supreme court.

From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. 'Appellant, Caldwell, was indicted for the unlawful sale of intoxicants. The case was twice continued.

From the circuit court of Leflore county. Hon. A. MoO. Kimbrough, Judge. Bowles, the appellant, petitioned the board of supervisors of Leflore county to reconsider and vacate an order previously made purporting to put the stock law in force in a part of the county. The board denied his petition, and he appealed to the circuit court. The circuit court dismissed the proceeding, and Bowles appealed to the supreme court.

From the circuit court of, first district, Panola county. Hon. J. B. Boothe, Judge. McCoy, the appellee, was plaintiff, and the railroad company, appellant, defendant in the court below. The suit was for the value of a mule killed by a train on the track of the. railroad company. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court.

From the chancery court of Washington county. Iíon. Carey O. Moody, Chancellor. The city of Greenville, appellee, was complainant in the court below; Mrs. Wilzinski, the appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court.

From the chancery court of Lowndes county. Non. James F. MoCool, Chancellor. Mrs. Shull, the appellee, was complainant, and Donoghue and others, appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the supreme court.

Erom tlie circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Mrs. Taylor, tbe appellee, was plaintiff in tbe court below; Bradford, tbe appellant, was defendant there. Erom a judgment in plaintiff’s favor for $1,000 and costs defendant appealed to tbe supreme court. Tbe case was heretofore in tbe supreme court on a former appeal, and is reported — Taylor v. Bradford, 83 Miss., 151.

From the circuit court of Attala county. Hon. William J. Lamb, Special Judge. Davis, the appellant, was indicted and tried for the murder of James Bieldes, and was convicted of manslaughter, and appealed to the supreme court.

From the circuit- court of Jefferson county. Hon. Moyse IT. Wilkerson, Judge. Eliis, the appellee, was plaintiff, and Wagner, the appellant, • defendant in the court below. From a judgment in plaintiff’s favor for $300 and costs, the defendant appealed to the supreme court.

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

Erom the circuit court of, first district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Henry, the appellee, was the plaintiff, and Hightower and another, appellants, were defendants in the court below. Eroin a judgment in plaintiff’s favor the defendants appealed to the supreme court. Defendants, as landlords, sued out an attachment for rent, and caused the same to be levied upon plaintiff’s, the tenant’s, cotton.

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Held: that although the destruction of the corn at that stage of its growth was the loss of all the corn that would have matured had it not been destroyed, the owner could recover only the value of the corn at the time of the injury.” Richardson v. Northup, 66 Barb., 85. “Evidence as to what would have been the value of the crops if they…

From the circuit court of, second district, Panola county. Hon. J. B. Boothe, Judge. Baker, the appellee, was plaintiff, and the telephone company, the appellant, defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the chancery court of, second district,, Tallahatchie county. Hon. Julian O. Wilson, Chancellor. Mrs. Thomas, the appellee, was the complainant in the court below; Bootes, the appellant, was defendant there. From a decree in favor of the complainant the defendant appealed to the supreme court. Mrs. Thomas, then Mrs. McDowell, a young widow, promised to marry Mr. Bootes, but without giving him notice changed her mind and married one Penn Thomas.

From tbe circuit court of Tunica county. Hon. Samuel O. Cook, Judge. Rhodes, the appellee, was plaintiff, and Tunica county, the appellant, defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the chancery court of Newton county. Hon. Jambs F. McCook, Chancellor: Beatty, appellee, was complainant, and Horn and another, appellants, were defendants in the court below. From a decree in complainant’s favor defendants appealed to the supreme court. The opinion states the facts of the case. The alleged fraud and duress were not proved, and the proceeding was barred by the laches of the complainant. Davis v. Railroad Qo., 46 Miss., 552; 10 Am. & Eng. Ency.

FróA the circuit court of, first district, Coahoma county. LIon. Earl Brewer, Special Judge. Condemnation proceedings by the board of levee commissioners of the Yazoo-Mississippi Delta against James Lee. From the judgment rendered by the circuit court petitioner appealed to the supreme court..

From the circuit court of, first district, Carroll county. Hon. William F. Stevens, Judge. Brown, the appellant, was indicted, tried, and convicted of the murder of one Murdee Williams and sentenced to death, from which conviction and sentence he appealed to the supreme court. The facts of the case upon which the decision turned are sufficiently apparent from the opinion of the court.

From the chancery court of Lauderdale county. LIon. Stone Heavours, Chancellor. The city of Meridian, the appellee, was the complainant, and the Meridian Waterworks Company, the appellant, the defendant in the court below. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are stated in tbe opinion of the court. [The briefs in this case on both sides were able, exceedingly elaborate, and full.

From the circuit court of Warren county. Hon. George Anderson, Judge. Searles, the appellee, was plaintiff, and the railroad company, tlie appellant, was defendant in the court below. From a judgment in plaintiff’s favor for $60,861.30 and costs, the defendant appealed to the supreme court. The opinion states the facts. [The briefs of counsel were withdrawn or lost from the record before it reached the reporter, hence no synopsis of them is given.]

From the chancery court of Lamar county. Hon. Ti-iaddeus A. Wood, Chancellor. Green and others, the appellants, trading under the name of Green & Sons, were complainants in the court below; Weems and his wife, appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court.

From tbe circuit court of Lincoln county. LIon. Moyse H. Wilkinson, Judge. Johnson, the appellant, was indicted jointly with one Needham Butler for the murder of one Edward Paxton on April 23, 1904. Butler pleaded guilty to the indictment and was sentenced to the penitentiary for life. Johnson, appellant, was tried, con.victed, received a like sentence, and appealed to the supreme court. The facts are stated in tha opinion of the court.

From the chancery court of Harrison county. Hon. Stone Dea yours, Chancellor. Rogers and others, appellees, were complainants in the court below; Harrison county and Joseph T. Jones, appellants, were defendants there. Both defendants demurred to the complainants’ bill, each filing a separate demurrer.

From the chancery court of Noxubee county. Hon. James F. McOoon,, Chancellor. Buck and others, appellants, were complainants in the court below; the city of Macon, the appellee, tvas defendant there. From a decree sustaining a demurrer to the bill complainants appealed to the supreme court.

From the circuit court of, second district, Chickasaw county. Hon. Eugene O. Sykes, Judge. Rosaman, the appellant, was tried and .convicted in the may- or’s court of violating an ordinance of the city of Okolona forbidding the carrying of deadly weapons concealed. He appealed to the circuit court, where he was tried de novo and again convicted, whence he appealed to the supreme court.

Erom the circuit court of Rankin county. Hon. John R. Enochs, ‘Judge. Ellis, the appellee, was plaintiff, and the railroad company, the appellant, defendant in the court below. Erom a judgment-in plaintiff’s favor the defendant appealed to the supreme court.

From tbe circuit court of Oopiab county. Hon. David M. Miller, Judge. Tbe appellant, Eugene Flowers, was convicted of tbe murder of George Jones, and tbe jury fixed bis punishment at life imprisonment in tbe penitentiary.. From tbe judgment sentencing bim accordingly, be appealed to tbe supreme court. Tbe opinion states tbe facts of tbe case.

From the chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Held: “The power to procure means to construct the road in question was not a general power; it was a particular power to be exercised for a special object.” Frazer v. East Tenn. B. Co. (88 Tenn.), 40 Am. & Eng. E. E. Oas., 365; Thomas v. West Jersey B. B. Co., 101 IT. S., 7; State v. Morgan, 28 La.

From the chancery court of Jones county. Hon. James L. McCaskill, Chancellor. The railroad company, appellant, was complainant, and Flowers and others, appellees, defendants in the court below. From a decree dissolving an injunction on bill, answer, and affidavits, the complainant appealed to the supreme court.

From the chancery court of Hancock county. How. James F. McCool, Chancellor.

From the chancery court of Claiborne county. Hon. William P/S. Ventress, Chancellor. The Port Gibson Bank and another, the appellees, were complainants, and Jackson and others, appellants, were defendants in the court below. The suit was to confirm title to real estate and to cancel and remove clouds therefrom. The defendants demurred to the bill of complaint, and from a decree overruling the demurrer they appealed to the supreme court.

From the circuit court of, second district, Tallahatchie county. Hon. Samuel C. Oook, Judge. Held: regardless of the right or the authority of the petitioner to exercise the power of eminent domain, that the court must proceed to award damages, that it could consider no question whatever, although it might be manifest from the face of the paper that the party had no right or authority whatever ?

From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Oomenitz and others, appellants, were complainants, and the Bank of Commerce, appellee, was defendant in the court below. From a decree sustaining a motion to dissolve an injunction, the complainant appealed to the supreme court. The Bank of Commerce brought suit against Comenitz and a number of others, the appellants, in a justice of the peace’s court.

From the chancery court of Harrison county. Hon. Stone Deavours, Chancellor. Barber, an appellee, was complainant in the court below; Mrs. Jenkins, the appellant, and Maybin, an appellee, were defendants there. From a decree in favor of Barber and Maybin (one a complainant and the other a defendant), the complainant appealed to the supreme court. The opinion of the court fully states the facts of the case.

From the chancery court of Lee county. Hon.' Henry L. Mutjdrow, Chancellor. ‘Allen, the appellee, commonly called “Private John Allen, ’’ was the complainant in the court below; Mrs. Farmer and others were defendants there. From decrees favorable to complainant, defendants appealed to the supreme court.

From the chancery court of Grenada county. ITon. Julian O. Wilson, Chancellor. Duncan, the appellant, was the petitioner or complainant in the court below; the State National Bank of St. Louis and others, appellees, were defendants to Duncan’s petition.

From the circuit court of, second district, Ooahoma county. Hon. Samuel O. Oook, Judge. Wilson, the appellant, was indicted, tried, and convicted of an attempt to commit forgery, and appealed to the supreme court. The opinion of the court fully states the facts of the case. Forgery is defined as “the false making’ or materially altering, with intention to defraud, any writing, which, if genuine, might apparently be of legal efficacy for the foundation of a legal liability.

From the circuit court of Grenada county. Hon. William E. Stevens, Judge. Clarke, the appellee, was plaintiff in the court below, and the railroad company, the appellant, and one John Lewis, were defendants there.

From the chancery court of Claiborne county. Hon. William P. S. Ventress, Chancellor. Haley, the appellant, was the complainant, and Martin, the appellee, defendant in the court below. From a decree in defendant’s favor, sustaining a demurrer to the bill of complaint, the complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Adams county. Hon. William P. S. Ventress, Chancellor. The appellee, Brandon, administrator of a deceased heir; Mrs. Forsythe and others, heirs; and Henry, executor of a deceased heir of Haller Nutt, deceased, of whose estate the appellant, John K. Nutt, was the administrator, petitioned the chancery court to compel said administrator to make distribution of money in his hands.

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Miller, tlie appellant, was plaintiff in the court below; Bulkley, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. In August, 1902, plaintiff ordered an automobile from defendant, the price of which was $425, of which $100 was paid.

From tbe chancery court of Simpson county. Hon. Robert B. Mayes, Chancellor. Held: at which nine hundred and four votes were cast, and six hundred and forty-four of them (more than two-thirds) were for removal, and six hundred and twenty-five were for removal to Edna (now Mendenhall), a point on the railroad mentioned. Although opportunity was given by the board for all other points to. compete, no other did.

From the circuit court of Calhoun county. Hon. William F. Stevens, Judge. Cook, the appellant, was indicted, tried, and convicted of murder, and appealed .to the supreme court. Held: in Moll asters’ case, that a threat made by the accused five years before he killed his father was too remote, yet the court did not mean to say that the age of the threat must necessarily be less than five years.

From the chancery court of Olay county. Hon. Henry L. Muldrow,. Chancellor. Whitfield and others, appellants, were complainants, and Thompson and others, appellees, defendants in the court below. From a decree in favor of defendants, the complainants appealed to the supreme court. The bill of complaint charged that they were the children of W. W. Whitfield and the only grandchildren of Wm. Whitfield; that Wm.

Erom the circuit court of Lee county. IT on. Eugene O. Sykes, Judge. Allen, the appellant, was plaintiff, and Caffee, the appellee, defendant in the court below. Erom a judgment only partly in plaintiff’s favor he appealed to the supreme court. The suit was to recover the balance due on the purchase money of a lot of land in the town of Verona, Mississippi.

Gulf & Ship Island Case. From the circuit' court of, first district, Hinds county. Hon. David M. Miller, Judge. Held: “In order to give such effect to a former judgment, it is necessary not only that the action should be founded on the same cause of action embraced in the former suit, but that the cause of action in the second suit was embraced in the judgment rendered in the former action, . . . and it is well settled that it was competent to show…

From the chancery court of Harrison county. Hon. Stone Deavours, Chancellor. Held: had reference to the building in which it was held. The object of the rule requiring a strict compliance with statutes fixing the time and place of judicial sales would altogether be defeated by holding that place within the statute meant anywhere in the municipality or vicinity of the court.