Volume 86 — Mississippi Reports

Eeom the circuit court of Hancock county. Hon. William N. Denny, Special Judge. Clark, the appellant, was plaintiff, and Mrs. Bourgeois, the appellee, defendant in the court below. The action was unlawful detainer. Erom a judgment in defendant’s favor, the plaintiff appealed to the supreme court. Defendant was originally the owner of the land in controversy.

Erom tlie chancery court of Adams county. Hon. Wixxiam P. S. Venteess, Chancellor. McPherson, the appellee, was complainant in the court below; Mrs. Montgomery and others, the appellants, were defendants there. Erom a decree in complainants'favor, the defendants appealed to the supreme court. The opinion of the court fully states the facts of the case.

From the chancery court of Hancock county. Hon. Stone Deavours, Chancellor. Mrs. Gex, the appellant, was complainant in the court below; Dill and others, appellees, were defendants there. Held: under the universal rule, that being a condition subsequent, it must be strictly construed to prevent forfeiture.

Feom: the chancery court of Harrison county. How. Thaddeus A. Wood, Chancellor. The McHenry Baptist Church, the appellant, was complainant, and McHeal, appellee, defendant, in the court below. From a decree in defendant’s favor, sustaining a demurrer to the bill of complaint, complainant appealed to the supreme court.

Ebom the chancery court of Rankin county. Hon. Henry 0. Oonn, Chancellor. Thomas and others, appellees, were complainants, and the railway company and others, appellants, defendants in the court below. From a decree overruling defendants demurrer to the bill of complaint, they appealed to the supreme court.

Feom the circuit court of Harrison county. Hon. W. T. McDonald, Judge. O’Neal, a constable, who sued for the use of A. 0. Hammack, was plaintiff in the court below; the Bank of Gulfport and others were defendants there. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. The bond sued upon was payable to O’Neal, constable, wherefore the suit was broug’ht in his name for the use of Hammack, the real plaintiff.

Feom the circuit court of Lauderdale county. Hon. Robeet F. Cochean, Judge. Farmer, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

Prom the circuit court of Warren county. Hon. George Anderson, Judge. TJie Vicksburg Waterworks Company, the appellant, was plaintiff in the court below; tbe Guffy Petroleum Company was defendant there. The defendant demurred to plaintiff’s declaration, the demurrer was sustained, and, plaintiff not asking to amend, the suit was dismissed, and plaintiff appealed to the supreme court.

Thom the circuit court of Simpson county. Hon. John R. Enochs, Judge. Hawkins & Company, a corporation, the appellant, was plaintiff in the court below; McAlister was defendant, and Waldrop, the appellee, claimant there. From a judgment on a claimant’s issue in favor of the claimant the plaintiff appealed to the supreme court. A writ of attachment was sued out by plaintiff against defendant, McAlister, in a justice of the peace’s court in Simpson county.

Ekom the circuit court of Warren county. Hon. G-eoRgke Andebson, Judge. Mrs. Kelly, tlie appellee therein, was plaintiff in one of the cases, suing in her individual right; and Joseph Kelly, the other appellee, an infant, suing by Mrs. Kelly, his mother, as his next friend, was plaintiff in the other case; the Pullman Company, appellant in both cases, was defendant in the court below in both cases.

From the chancery court of Bolivar county. Hon. Carey 0. Moody, Chancellor. Frank and others, the appellants, were complainants in the .court below; the mortgage company, the appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court.

Feom tbe circuit court of FranHin county. lion. Moyse H. WilxiNSON, Judge. Ford, tbe appellant, was charged by affidavit in a justice of tbe peace’s court, under Code 1892, § 1126, with knowingly per*- • mitting games of cards to be played for money in a building of which he was the lessee and occupant. He was convicted, and appealed to the circuit court, where he was again convicted, and sentenced to pay a fine of $200 and costs, and from that judgment appeals.

From tbe circuit court of Sunflower county. Hon. A. MoO. Kimbrough, Judge. Andrews, tbe appellant, was plaintiff, and tbe railroad company, tbe appellee, defendant in tbe court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court.

From tbe circuit court of Warren county. ■ How. George ANdersoN, Judge. Seventy-seven persons composing tbe unincorporated association known as tbe E. D. Edwards Post No. 22, Grand Army of tbe Republic, suing in tbe name of tbe association, tbe ap-pellees, were plaintiffs in tbe court below; tbe insurance company, tbe appellant, was defendant there.

Ebom the circuit court of Lincoln county. Horr. Moyse H. Wilkinson, Judge. Posey, the appellant, was indicted, tried, and convicted of murder, and sentenced to the penitentiary for life, from which conviction and sentence he appealed to the supreme court.

From the circuit court of Lauderdale county. How. Robert F. Coohraw, Judge. Lillybeok, the appellee, was plaintiff in the court below; Weatkerbee and bis brother, the appellants, were defendants there. From a judgment in plaintiff’s favor the defendants appealed to the supreme court. After the evidence was all in, plaintiff moved the court to exclude defendants’ evidence and for a peremptory instruction to find for plaintiff.

Fkom; tbe circuit court of Lauderdale county. IÍON. Robert F. Co.ohraw, Judge. Daniel Moore, tbe appellant, was indicted and tried for the murder of one Ellis Poole; be was convicted of manslaughter, sentenced to tbe penitentiary for twenty-five years, and appealed to tbe supreme court. A statement of tbe facts other than tbe one found in tbe opinion of tbe court is unnecessary to an understanding of tbe decision.

From tbe chancery court of Pontotoc county. HoN. William: J. Lamb, Chancellor. The state of Mississippi and the Mississippi Railroad Commission, the appellants, were complainants in the court below; the railroad' company, the appellee, was defendant there. Prom a decree in defendant’s favor, dissolving an injunction, the complainants appealed to the supreme court. The facts are fully stated in the opinion of the court.

Bbom tbe circuit court of Webster county. Hon. J. M. Aenold, Special Judge. Thompson, tbe appellee, was indicted, tried, and convicted of a misdemeanor, tbe unlawful sale of intoxicants; bis motion for a new trial, based on objections to tbe improper argument of tbe district attorney, was sustained, tbe verdict against bim was set aside and a new trial granted.

Prom the circuit court of Webster county. Hon. J. M. Arnolu, Special Judge. John Willingham, Preston Willingham, and John Norwood, the appellees, were indicted and tried on an indictment charging them with having unlawfully, knowingly, and willfully opposed and resisted an officer attempting to serve or execute a legal writ, contrary to Code 1892, § 1221.

Ebom the chancery court of Attala county. Hon. James L. McCaskill, Chancellor. Boyd, the appellee, was complainant in the court below; Mrs. Elizabeth Dean and her husband, the appellants, were defendants there. Erom a decree overruling a demurrer to the bill of complaint, and denying a motion to dismiss the sequestration proceedings, the defendants appealed to the supreme court.

Eeom the circuit court of DeSoto county. How. James B. Bootbce, Judge. Habeas corpus by Louis Fritz to obtain bis release from custody on a charge of unlawfully taking fish, and from a judgment denying the writ be appealed to the supreme court. The facts are stated in the opinion of the court. First — The board of supervisors of DeSoto county bad no constitutional power to pass or enact the ordinance involved.

Lrom the circuit court of Yazoo county. Hon. David M. Miller, Judge. Antram and others, appellees, were plaintiffs in the court below; the insurance company, appellant, was defendant there. From a judgment in plaintiffs’ favor .the defendant appealed to the supreme court. The school trustees of the town of Mora, Mississippi, owned a school building, and contracted with appellee, Antram, to make some alterations and repairs thereon, for which they agreed to pay him $1,232.

Eeoai the chancery court of Quitman county. How. Peboy Bell, Chancellor. Mrs. Crutcher, the appellant, was complainant, and her husband, George T. Crutcher, the appellee, was defendant in the court below. Erom a decree sustaining a demurrer to the bill of complaint and dismissing the suit, the complainant appealed to the supreme court. The suit was for a divorce.

From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Mrs. McIntosh, the. appellee, was complainant, and the insurance company, the appellant, defendant in the court below. From a decree in the complainant’s favor the defendant appealed to the supreme court. The evidence showed that R. McIntosh made an application to appellant for a life insurance policy for the benefit of his wife, appellee, December 31, 1903.

Pbom the chancery court of Olay county. How. Heket L. Mtjldbow, Chancellor. Mrs. Smith and others, appellants, were complainants, and Brothers, Jr., the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court.

Feom the circuit court of Lauderdale county. Hon. Kobebt F. Cochran, Judge. Forbes and others, appellants, who opposed the extension of the limits of the city of Meridian, were treated without objection as being plaintiffs in the court below, and the city of Meridian accepted there the position of a defendant.

EroM the circuit court of Copiah county. IioN. David M. Miller, Judge. Walter Pratt and another, the appellees, were plaintiffs in the court below; Mrs. Follies, the appellant, was defendant there. From a judgment in favor of the plaintiffs the defendant appealed to the supreme court.

Feom tbe circuit court of Leflore county. HoN. J. T. DuNN, Judge. Lyons and another, appellants, were plaintiffs in tbe court below; Steele and others, composing tbe copartnership of Richardson & Co., were defendants there. Lyons and others recovered judgment against the defendant, Richardson & Co. Steele, one of the defendants, with others afterwards formed a corporation under the name “Solomon S. Steele & Co.,” for the purpose of engaging in the insurance business.

Ebom tbe circuit court of Scott county. Hon. John R. ENOCHS, Judge. Jones, tbe appellee, was plaintiff, and tbe railway company, tbe appellant, was defendant there. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe facts are stated in tlie opinion of tbe court. But for certain averments of tbe declaration going to remove tbe imputation of contributory negligence arising on other allegations thereof, it would have been demurrable.

Feom tlie circuit court of Adams county. Iíon. Moyse H. Wilkinson, Judge. Miss Compton, the appellee, a white person, was plaintiff, and the traction company (a street railway company) was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Harrison county. HoN. R. L. Bullard, Special Judge. The tax assessor of the town of Biloxi, on the order of state revenue agent, Adams, the appellant, assessed Dncate, the ap-pellee (and others), for back taxes on personal property as upon property which had escaped taxation for a number of years, and notice was given as required by law. Laws 1894, p. 29.

From the circuit court of, second district, Perry county. JIoN. William T. McDoNald,. Judge. Burt, the appellant, was indicted, tried, and convicted of having murdered one B. T. Courtney, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of tbe court shows tbe facts upon which the decision turned. 'Argued orally by G. W. Ellis, and James H. Neville, for appellant.

Fbom tbe chancery court of Lawrence county. Hon. Bobebt B. Mayes, Chancellor. Herring, the appellant (being non compos 'mentis), by his next friend, was the complainant, and Sutton, the appellee, defendant in the court below. From a decree in. defendant’s favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Pike county, Hon. Motse IT. Wilkinson, Judge. Brazele was indicted for keeping a gambling table. He demurred to the indictment, but the court below overruled the demurrer. Defendant then pleaded not guiilty; was tried, convicted, and sentenced, and appealed to the supreme court.

Feom tbe chancery court of Harrison county. HoN. Thaddeus A. Wood, Chancellor. Mrs. Larson, the appellee, was complainant, and Moseley and others (including John Larson, the complainant’s husband), the appellants, were defendants there. From a decree in complainant’s favor the defendants appealed to the supreme court.

Erom the circuit court of, first district, Hinds county. Hon. Bobert Powell, Judge. Held: and, we believe, correctly, that if one is bound as surety for another to pay any judgment that may be rendered in a specified action, if the judgment is defeated by bankruptcy of the person for whom the obligation is assumed, the surety will be released.

Ebom the circuit court of Lauderdale county. Hon. Robebt E. Coohban, Judge. The appellee, Mrs. Dalton, was plaintiff, and the appellant, the railroad company, was defendant in the court below. Appellee filed suit in a justice of the peace’s court against appellant, and service was had on the defendant.

Fbom the circuit court of Hancock county. Hon. William T. McDonald, Judge. ■The board of supervisors of Hancock county at its August term, 1904, entered an order changing the land assessment of 1902, so as to increase largely the value of Simmons’ land. He petitioned the board at its September term, 1904, to annul the order on the ground that the board was without authority to make it, and hence it was illegal'.

Eeom the circuit court of Lauderdale county. Hon. HobeRT E. Cochran, Judge. Smith and others, appellants, were defendants in the court helow to a proceeding hy the state to recover on a hail hond alleged to have been forfeited.

Fbom the chancery court of Leflore county. Hon. Peecy Bell, Chancellor. Cockrell, the appellee, Was complainant, and Mrs. Swinney, the appellant, defendant in the court below.

Eeom the .chancery court of Lauderdale county. Host. James L. McOasiull, Chancellor. Webster E. Moody, the appellee, was complainant in the court below; Mary E. Moody and others, appellants, were de-' fendants there.

Ebom the circuit court of, second district, Coahoma county. Hon. Samuel 0. Cook, Judge. Jennings, the appellee, was plaintiff, and the express company, the appellant, defendant in the court beloiv. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the eourt. The instructions referred to in the opinion are as follows: Instructions given for plaintiff: “Ho. 1.

From the circuit court of Madison county. Hon. David M. Miller., Judge. Mrs. Anderson, the appellant, was plaintiff, and the telephone company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The Cumberland Telephone and Telegraph Company maintained an exchange office at Canton, and had a local manager there, one George B. Potter.

FROM the circuit court of Jones county. Hon. John R. Enochs, Judge. Davidson and another, appellees, were plaintiffs in tbe court below; one Edwards was defendant in execution; and Minsbew, the appellant, was a claimant there. The claimant’s issue was tried and decided in plaintiffs’ favor, and the claimant appealed ■ to the supreme court.

From tbe circuit court of Warren county. Hon. George AndersoN, Judge. Mrs. Conners and others, tbe appellants, were plaintiffs, and tbe railroad company, tbe appellee, was defendant in tbe court below. From a judgment in defendant’s favor tbe plaintiffs appealed to tbe supreme court.

Ebom tbe circuit court of Monroe county. Hon. Eugene O. Syees, Judge. Obiles, tbe' appellee, was plaintiff, and tbe railroad company, tbe appellant, was defendant in tbe court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are either stated in, or are clearly inferable from, the opinion of the cpurt. The court erred in refusing the peremptory charge asked on the part of the appellant.

Ebom the circuit court of Webster county. Hon. J. T. Dunn, Judge. Miss Vaughn, the appellee, was plaintiff, and the railway company, the appellant, defendant in the court below. Erom, a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Lrom tlie chancery court of'Lafayette comity. IIon. Julian 0. Wilson, Chancellor. Ada Lee and others, the appellees, were complainants in the court below; Liverman and others, the appellants, were defendants there. Erom a decree in complainants’ favor the defendants appealed to- the supreme court. ■ Appellees, Ada Lee, Ohas.

Feom the circuit court of J ones county. Hon. John E. Enochs, Judge. Alford, the appellant, was plaintiff, and the improvement company, the appellee, defendant in the court below. The action was replevin for a certificate of stock in defendant company. From a judgment in defendant’s favor the plaintiff appealed to the supreme court.

Prom the circuit court of Pike county. How. Moyse H. 'Wilkihsoh, Judge. Bridges, the appellant, was indicted, tried, and convicted of burglary, and from the conviction and sentence thereunder he appealed to the supreme court.

FROM the chancery court of, first district, Coahoma county. Hon. Carey C. Moody, Chancellor. v Coahoma county, the appellee, was complainant, and Sexton and others, the appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the supreme court.

Prom the chancery court of Amite county. Hon. William P. S. Ventress, Chancellor. - Brown, the appellant, was complainant in the court below, and the mortgage company and others, appellees, were defendants there. Prom a decree in favor of the defendants the complainant appealed to the supreme court. The facts are stated in the opinion of the court. 1. The instrument purporting to substitute M. H. Wilkinson as trustee, signed by A. It. Shattuck and L. IT. Graham, is a nullity.

Ebom the chancery court of Jackson county. HoN. Thaddeus A. Wood, Chancellor. Mrs. Lyon, the appellee, was complainant, and Brannan, the appellant, defendant in the court below. Erom a decree in complainant’s favor the defendant appealed to the supreme court. The object of the suit was to confirm two tax titles to lands. The first was predicated of a sale made on March 7, 1898, for the taxes of 1897. The other wias based upon a sale made March 6, 1900, for the taxes of 1899.

Prom; tbe circuit court of Warren county. HoN. George ANDersoN, Judge. Searles, tbe appellee, was plaintiff in tbe court below; Adler and others, partners, tbe appellants, w;ere defendants there. From a judgment in plaintiff’s favor defendants appealed to tbe supreme court. Tbe defendants were in business in New Orleans; plaintiff, in Vicksburg.

From the circuit court of Adams county. Host. Moyse H. WieeiNSON, Judge. Miss Forbes, the appellee, was plaintiff, and Simms, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor for $1,741 defendant appealed to the supreme court. The action was for damages for injuries sustained by plaintiff in falling into an open elevator shaft in defendant’s store.

From the chancery court of Jones county. ILon. James L. McCasKill, Chancellor. The Laurel National Bank, the appellee, was complainant, and the lumber company, the appellant, was defendant in the court below. From a decree in favor of the complainant the defendant appealed to the supreme court. .

Prom the circuit court of Bolivar county. Hon. A. McC. Kimbrough, Judge. The Patton-Worsham Drug Company, appellant, was plaintiff, and the Planters’ Mercantile Company, appellee, defendant in the court below. .Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion of the court- states the facts of the case.

Feom: the circuit court of Bolivar county. HoN. A. McC. Kimbrough, Judge. Block, the appellee, was plaintiff, and the railroad company, the appellant, defendant in the court below. From a j'udgment in. plaintiff’s favor tbe defendant appealed to the supreme court. The plaintiff was a fireman on an engine pulling a passenger train.

From tbe chancery court of Lowndes county. HoN. James F. McCool, Chancellor. Whitfield and others, the appellants, were complainants in the court below; Mrs. Burke and others, the appellees, were defendants there. From a decree in defendants’ favor the complainants appealed to the supreme court. The facts are stated in the opinion of the court.

Eeom the circuit court of Alcorn county. Hon. Eugene O. Stees, Judge. Richardson, the appellee, was tried for enticing a laborer to leave her employer, and from a judgment of acquittal the state appealed to the supreme court. No counsel appeared for appellee.

From the circuit court of Copiah county. Hon. D. M. Miller, Judge. Held: and, we think, justly, to be a correct test of whether a road is public or private and to fix its character as a public road. Smith v. Kincurd, 2 Hill (S.C.), 642; State v. Gregg, lb., 388. See also Annotated Code 1892, § 3887; State v. Morgan, 79 Miss., 659; Graft v. DeSoio Gounty, 79 Miss., 618.

Ekom: the chancery court of Benton county. ■ How. Julian 0. Wilson, Chancellor. Reed, the appellee, was complainant, and Wills and others, the appellants, were defendants in the court below. From a decree in complainant’s favor the defendants appealed to the, supreme court. The facts are stated in the opinion of the court.

Leom: the chancery court of Lauderdale county. Hon. Stone Deavoues, Chancellor. Buntyn and others, the appellants, were complainants, and the building and loan association, the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court.

Feom the circuit court of Tate county. Horr. James B. Boothe, Judge. The Senatobia Oil Company, the appellant, was plaintiff in the court below; Poag, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court. The entire capital of the appellant, the Senatobia Oil Company, on the first day of May, 1904, was less than thirty thousand dollars.

PROM the circuit court of Pike county. Host. Moyse H. Wilkihsoil Judge. Polly Brister; the appellant, was indicted, tried, and convicted of violating Code 1892, § 1126, permitting gambling in her dwelling house, and appealed to the supreme court.

Prom tbe circuit court of Harrison county. Hon. William T. McDonald, Judge. Crominarity, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court.

From the chancery court of, first district, Iiinds county. Garland G. Lyell, Esq., Special Chancellor. Simmons, administrator, the appellee, was complainant, and the benefit association, the 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. Oode 1892, § 1797, has no application to the case at bar.

Ebom the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Caldwell and others, the appellees, filed their petition to tide-board of supervisors of Monroe county, asking that the stock law he declared in force iu certain territory in the county described in the petition. Stockton and others, appellants, on application, were admitted to contest the petition.

Feom: tie circuit court of Olarke county. Hon. Robeet F. Coohban, Judge. Boykin, tke appellant, and another were indicted for the murder of one Marvin Long. The prosecution was dismissed as to the other person, and Boykin was tried and convicted of manslaughter, and appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of Pike county. IIoN. Moyse H. WilKINSON, Judge. White, the appellant, was .plaintiff in the court below; the defendants there were James P. Alford and others, doing business as copartners under the firm name of “McComb City Drug Store,” the appellees. Prom a judgment in favor of the defendants the plaintiff appealed to the supreme court.

Ebom tbe circuit court of, second district, Carroll county. HoN. William: E. SteveNS,. Judge. Cain, tbe appellant, was indicted for manslaughter, in that be killed one Virgil Jones.

Feom the circuit court of Sunflower county. HoN. A. McO. Kimbrough, Judge. Tbe B. F. Sturtevant Company, the appellee, a corporation, was plaintiff in the court below, and the Moorhead Ootton Mills, also a corporation, was defendant there. Some personal property was seized at the beginning of tbe suit, under Code 1892, §§ 2719, 2720, and defendant gave bond, with appellant as its surety, for the forthcoming of the same.

Fkom the circuit court of, first district, Coahoma county. HoN. Samuel 0. Cooe, Judge. Hammond .Dickey, the appellant, a white man, was indicted, tried, and convicted of rape upon Catherine Fortson, a negro girl, and sentenced to the penitentiary for life. The offense was committed and indictment found in Quitman county, but the venue was changed, on defendant’s application, and the trial had in Coahoma county, first district.

Brom the chancery court of Leflore county. Hon. Caret C. Moody, Chancellor. ■ O’Brien Brothers and others, the appellants, filed exceptions to the final account of Wilson, administrator of thé estate of W. A. Bounds, deceased. These exceptions were disallowed by the court below, and the final account allowed as stated by the administrator. The exceptors appealed to the supreme court.

Feom tRe circuit court of, first district,-Hinds county. -Hon. David M. Milleb, Judge. Mrs. OalRoun, tRe appellant, was tried and convicted of a misdemeanor, unlawfully selling intoxicants, before a justice of tRe peace. SRe- appealed to tRe circuit court, and was tRere tried de novo and again convicted; and sRe appealed to tRe supreme court: -TRe facts upon wRicb tRe legal questions involved depend are stated in tRe opinion of tRe court.

Ebom: the chancery court of Leflore county. Hon. Cabby 0. Moody, Chancellor. Mrs. Haley, the appellee, was complainant, and Means and others, the appellants, defendants in the court below.

Feom the circuit court of Warren county. Host. Geoege Awdeesob, Judge. Grant, the appellee, was- plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Marshall county. Hon. James B. Boothe.; Judge. Rivers, the appellant, was the plaintiff, and the railroad company, the appellee, defendant in the court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Warren county. Hon. Wii/liam P. S. Vebttress, Chancellor. Smith, .the appellant, was complainant, and the city of Vicksburg, the appellee, was defendant in the court below. From a decree in defendant’s favor, the complainant appealed to- the supreme court. The facts are stated in the opinion of the court.

Erom the circuit court of,- first district, Hinds county. líos. David M. Miller, Judge. Bridges, the appellant, was plaintiff, and the railway company, the appellee, defendant in the court helow. Erom a judgment for defendant, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

Eeom the chancery court of Tunica county. How. PERCY Bell, Chancellor. Dig, the appellant, applied to the chancellor for a writ of habeas corpus; the writ was, upon a hearing on the merits,, denied, and the relator remanded to> custody, from which judgment he appealed to the supreme court. The facts are stated in the opinion of the court.

Feom the chancery court of Jones county. Hon. James L. MoCasKilx,, Chancellor. Mrs. Hinton, the appellee, formerly a Miss Creel, was the complainant in the court below; Eastman Gardiner and others, the appellants, were defendants there. From a decree in complainant’s favor the defendant appealed to the supreme court.

From tbe circuit court of, first district, Yalobusha county. Hon. Samuel C. Coor, Judge. Held: further, “Ho presumption will be indulged in favor of the jurisdiction of a court of inferior, special, and limited jurisdiction; and in such cases all the jurisdictional facts must appear affirmatively in the record, or else the judgment will be void.” In this case it should have been made to appear affirmatively that all the heirs…

Prom the circuit court of Jackson county. IT on. William T. McDonald, Judge. Mrs. Kirkwood, the appellee, was plaintiff, and the city of Pascagoula, the appellant, defendant in the court below. From a judgment in plaintiff’s favor for $150, the defendant appealed to the supreme court.

Eeom: the circuit court of WasRingtou county. How. A. McC. Kimbrough, Chancellor! Bailey, the appellant, was plaintiff in the court below; the Delta, etc., Company, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Bailey brought this suit against the Delta Electric Light, Power & Manufacturing Company and the Cumberland Telephone & Telegraph Company to recover damages for personal injuries.

From the circuit, court of, second district, Panola county. II ox. James B. Boothe, Judge. Mrs. Wray, the appellant, was plaintiff, and Mrs. Cox, 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.

Fbom the chaueery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Dean and others, appellees, were complainants in the court below; Sweatman and others, appellants, were defendants there. Prom a decree in favor of complainants the defendants appealed to the supreme court. The facts are stated in the opinion of the court.

Ebom the circuit court of Pike county. HoN. Moyse H. WilkiNSON, Judge. Tbe city of McComb City, the appellant, was the plaintiff, and Pike county, the appellee, defendant in the court below. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

Ebom tbe chancery court of, first district, Panola county. UoN. JuliaN C. WilsoN, Chancellor. Mrs. Pinkston and others, the appellées, were complainants, and Patton and others, the appellants, defendants in the court below. Prom a decree in complainants’ favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court.

From tbe chancery court of Union county. IIoN. Henry L. Muldrow, Chancellor. Armor, the appellant, was complainant, and the Bank of London (Tennessee), the appellee, was defendant in the court below. Held: which, by virtue of the original undertaking of membership in the society, the-holder thereof is liable to pay.” 2 Am. & Eng. Ency. Law (1st ed.), 618.

Feom: tire chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. The Alabama & Vicksburg Railway Company, the appellant, was complainant in the court below; the railroad commission of Mississippi was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

Feom the chancery' court of Yazoo county. Hon. Robeet B. Mayes, Chancellor.

From the circuit court of Tate county. IíoN. James B. Boothe, Judge. Miss Walker, tbe appellee, was plaintiff in the court below; Johnson, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. Counsel cited the following authorities: Code 1892, § 2395; 31 Wis., 600; 3 Ency.

Erom the circuit court of, first district, Hinds county. How. David M. Miller, Judge. Colbert, the appellant,- was plaintiff, and the state of Mississippi, the appellee, defendant in the court below. Erom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The section of Code 1892 which permits the state to be sued is as follows: “4248 (2641).

Fbom: the chancery court of Monroe county. IIoít. Henry L. Muldrow, Chancellor. The Ferguson-McKinney Dry Goods Company and others, the appellees, were complainants in the court below; Mrs. Holmes and others, including the members of the copartnership of Holmes Brothers, were defendants there. From a decree in favor of the complainants the defendants appealed to the supreme court. The facts are stated in the opinion of the court.

FROM the circuit court of Hancock county. How. William T. McDonald, Judge. James Dunmore and William Wallace, the appellants, were indicted, tried, and convicted of rape, and appealed to the supreme court.

FROM the chancery court of Harrison county. Hon. Ti-taddeus A. Wood, Chancellor. The American Soda Fountain Company, the appellee, wasi complainant in the court below; Thaddeus L. Murphy and another, doing business under the firm name of Murphy & Company, and others, appellants, were defendants there. From a decree, in complainant’s favor the defendants appealed to the supreme court.