Volume 87 — Mississippi Reports

From the chancery court of, first district, Hinds county. Hon. Eobert B. Mayes, Chancellor. Held: in the case of Governor of Georgia v. Madrazo, that the proceedings instituted by Madrazo, in the United States district court in Georgia, against the governor of that state in his official capacity as governor, was a suit against the state, and as such could not be brought by a private citizen against a state under the federal…

From tbe circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Tbe state of Mississippi, suing upon tbe relation of J. B. Greaves, district attorney, appellant, was plaintiff in tbe court below; Henry, warden of tbe penitentiary, appellee, was defendant there. Tbe court below sustained tbe defendant’s demurrer to plaintiff’s petition for a mandamus and dismissed tbe suit, and plaintiff appealed to tbe'supreme court.

From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Jordan, the appellant, was charged with and tried and convicted, in a justice of the peace’s court, for carrying a deadly weapon concealed, and appealed to the circuit court, where he was again tried and convicted, and thence appealed to the supreme court. The material point of the affidavit upon which the prosecution was based is set out in the opinion of the court.

From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Hart, the appellant, was indicted, tried, and convicted for acting as the agent of the seller in effecting the unlawful sale of whisky in the city of Brookhaven — the sale of intoxicants being prohibited in Lincoln county, wherein Brookhaven is situate and of which it is the county seat — and appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Pearl River county. Hon. William T. McDonald, Judge. Cffisar Ray and Charles Gaines, the appellees, were indicted and tried for willfully throwing a missile into a moving railroad train, in violation of Laws 1900, ch. 103, p. 141. It appeared upon the trial that when they threw the missile one of the defendants was riding upon the platform of the coach into- which' they threw and'the other one upon the steps of the platform.

From the circuit court of Warren county. Hon. George Anderson, Judge. Isaacs, the appellant, was plaintiff in the court below; Silver-berg and others, appellees, were defendants there. From a judgment sustaining defendants’ demurrer to plaintiff’s declaration and (the plaintiff not seeking to amend) dismissing the suit, the plaintiff appealed to the supreme court. The facts as charged in the declaration appear from the opinion of the court.

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Blockman, the appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment for five hundred dollars and 'costs in plaintiff’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of Madison county. Hon. Robert Powell, Judge. Collier, ajjpellee, was plaintiff in the court below; Madisou county, appellant, was defendant there. Appeal and cross-appeal. The opinion fully states the case.

From the chancery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Mrs. Tutt, the appellant, was the complainant in the court below; Mrs. J ackson and the Colored Grand Lodge Knights of Pythias of Mississippi, a benevolent society, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court.

From the circuit court of Scott county. Hon. John R. Enochs, Judge. Fore, the appellant, was plaintiff in the court below; the railway company, the appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

From the circuit court of Greene county. IIon. William T. McDonald,-Judge. Adams, state revenue agent, the appellant, was plaintiff, and Luce, appellee, was defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. In the year 1900. there was a general assessment of lands, and appellee rendered a statement of his -land to the assessor, valuing the same at $3.50 per aero.

From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. The Meridian Cotton Company (suing for the use of the Meridian National Bank), the appellee, was the plaintiff in the court (below; the Star Compress & Warehouse Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of Leflore county. ILon. Frank E. Larkin, Judge. Bell, the appellant, was. plaintiff in the court below; the railway company was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court.

From the chancery court of Lauderdale county. Hon. Stone Deavours, Chancellor. Denton, appellee, was the complainant in the court below; Harvin, the appellant, was defendant there. From a decree in favor óf the complainant the defendant appealed to the 'supreme court. The parties had been partners and disagreed about the settlement of their partnership affairs.

Erom the chancery court of, second district, Choctaw county. EIon. James E. McCook, Chancellor. Cramer, the appellant, was complainant, and Sides, the appellee, was defendant in the court below. The bill sought the confirmation of a tax title.

From the circuit court of Tate county. Hon. James B. Boothe, Judge. Moore, the appellee, was plaintiff, and Tate county, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor defendant county appealed to the supreme court.

From the circuit court of, second district, Carroll county. TIon. J. T. Dunn, Judge. Key, the appellee, was plaintiff, and McCarty, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Keeves executed a trust deed to Moore, trustee, to secure certain existing indebtedness and advances to be made to him by Fox, to whom he delivered a note for the amount of the indebtedness.

From the circuit court of Lauderdale county. Hon. Robert F. Oochran, Judge.

Prom the circuit court of Warren county. Hon. Henry C. McCabe, Special Judge. Hennessey and another, appellants, who did business under the trade name of “P. L. Hennessey & Bro. Held: That the language of the advertisement, giving to it its natural significance, was not libelous.” Boynton v. Shaw Stocking Oo.j 146 Mass., 219; Walker v. Hawley, 56 Conn., 559 (16 Atl., 674).

From the circuit court of Jackson county. IIon. William T. McDonald, Judge. Winegarden, the appellant, was convicted of grand larceny. He petitionéd the court for bail, pending an appeal from the conviction; but his petition was denied, and from the judgment denying bail pending appeal he appealed to the supreme court. The facts are stated in the opinion of the court. Code 1892, § 66.

<p>Estates oe Decedents. Probated claim. Open account. Code 1892, § 1932.</p> <p>Under Code 1892, § 1932, providing for the probation of claims against the estates of decedents, an open account is not properly-probated and cannot be recovered upon in a suit against the executor if it:</p> <p>(a) Is not signed by the creditor; or</p> <p>(S) Does not have the statutory affidavit “attached thereto.”</p>

From tbe circuit court of Leflore county. ILon. A. MoO. Kimbrough, Judge. Miss King, the appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The court below sustained defendant’s demurrer to plaintiff’s declaration, and, plaintiff declining to amend, dismissed the suit. The plaintiff appealed to the supreme court. The facts charged in the declaration are stated in the opinion of the court.

From the circuit court of Warren county. IIon. Oliver W. Catchings, Judge. Barmore, the appellee, was plaintiff in the court below; the railway company was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The case was once before in the supreme court, and is reported —Barmore v. Viclcsburg, etc.,, By. Qo:, 85 Miss., 426 (s.o., 88 South. Rep., 210).

From the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. The Cerman-American Provision Company, the appellant, was the plaintiff in the court below; Jones and others, appellees, doing business under the firm name of Jones Brothers & Company, were defendants there. From a judgment in favor of defendants, plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

Prom the chancery court of Warren county. Hon. William P. S. Ventress, Chancellor. Hunday and others, the appellants, were complainants in the court below; Terrel and others, the appellees, were defendants there. A temporary injunction restraining defendants from interfering with the labor and business and from trespassing upon the property of the complainants was obtained.

From the circuit court of, second district, Carroll county. Hon. William F. Stevens, Judge. The state, the appellee, began proceedings in the court below against Robertson, the appellant, who was a surety on“ a forfeited bail bond. From a judgment in favor of the state the surety appealed to the supreme court.

From tbe cbáncery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Stanton, the appellant, was complainant in the court below; Helm and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. Appellant owned and managed a plantation known as “La Marque,” in Concordia parish, La.

From the circuit court of Madison county. Hon. David M. Miller, Judge. Walton, the appellant, was indicted, tried, and convicted for the murder of his wife, and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

Prom the chancery court of Warren county. Hon. William P. S. Ventress¿ Chancellor. Mrs. Gray, the appellant, was complainant in the court below, and Bryson and others, appellees, were defendants there. Prom a decree dismissing the bill complainant appealed to the supreme court.

From the chancery court of Holmes county. Host. James F. McOool, Chancellor. - The appellee, Mrs. Waddell, was the complainant or petitioner in the court below; the appellants, Owens and others, executors, were defendants there. From a decree in favor of the complainant or petitioner the defendants appealed to the supreme court. One Albert G. Owens died March 7, 1905, leaving neither children nor descendants of children.

From the circuit court of Warren county. IIon. Oliver W. Catchings, Judge. Lefoldt, the appellee, was plaintiff, and the railroad company, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are apparent from the opinion of the court.

From the circuit court of, first plistrict, Tallahatchie county. Hon. Samuel 0. Cook, Judge. Schultz, the appellee, suing by his next friend, was the 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 chancery court of, first district, Iiinds county. ITon. Bobbrt B. Mayes, Chancellor. The Mississippi Bank & Trust Company, the appellee, was complainant in the court below; Enochs, the appellant, and others, were defendants there. From a decree overruling a demurrer to the bill of complaint, Enochs, one of the defendants, appealed to the supreme court. The opinion of the court states the facts.

Prom the circuit court of Pike county. Hon. Moyse IT. Wilkinson, Judge. Sinclair, the appellant, was indicted for manslaughter, tried, convicted, and appealed to tbe supreme court. The facts are sufficiently stated in the opinion of the court. . The threat made was that he (Johnson, the deceased) intended to take Sinclair’s pistol away from him and beat him to death. This evidence was clearly admissible, although the threat had not been communicated to the defendant.

From the chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Bonds, the appellant and complainant, sued out an attachment in chancery against Garvey, a nonresident, the appellee and defendant. The Merchants’ Bank, a resident corporation, was made defendant upon the charge that it was indebted to Garvey, or had effects of his in its hands or possession.

From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Davis, the appellant, was convicted of manslaughter and appealed to the supreme court. The facts upon which the decision turned are stated in the opinion of the court. The manifest object of the district attorney was to discredit the witness before the jury. The court in the case of Maclcmasters v. State, 81 Mis's., 376 (s.c., 33 South.

Prom the circuit court of Rankin county. PIon. John R. Enochs, Judge. Dear, the appellee, was the plaintiff in the court below; the railway company was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of Sharkey county. I-Ion. George Anderson, Judge. Williams, 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. The facts are stated in the opinion of the court. The error in the third instruction is this: It is couched in the alternative.

From the circuit court of Covington county. Hon. John R. Enochs., Judge. Raiford, the appellant, was prosecuted before a justice of the peace for violating Code 1892, § 1320; was there convicted; appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court.

F;rom the circuit court of Lafayette county. ' Hon. James B. Boothe, Judge. Hibbler, the appellant, was tried for and convicted of an assault, witb intent to murder one Monroe Patterson, and appealed to tbe supreme court.

Erom the circuit court of Tippah county. ' Hon James B. Boothe, Judge. A young woman, Miss Willie Cox, instituted bastardy proceedings against the appellee, John 'Wicker, before a justice of the peace.

From the circuit court of Monroe county. How. Eugene 0. Syices, Judge. Held: “Reasonable time within which the owner must apply for baggage when it is transported on the same train on which he himself travels is directly after its arrival and transfer to the platform, making due allowance for the confusion occasioned by the arrival and departure of the train and for the delay necessarily caused by the crowd…

From the circuit court of Grenada county. Hon. J. T. Dunn, Judge. Williams, the appellant, was indicted and tried for and convicted of murder, and appealed to the supreme court.

From the circuit court of Holmes county. - Hon. A. McC. Kimbrough, Judge. Hannah, the appellant, was indicted and tried for and convicted of murder, sentenced to suffer death, and appealed to the supreme court. A special venire was drawn in the court below for the trial of the accused, and after the completion of the drawing thereof, defendant Hannah made a motion demanding therein the service on him of a list of the special veniremen drawn to serve on his case.

From the circuit court of Monroe county. Hon. Eugene 0. Syices, Judge. Heard, the appellee, was the 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. The facts are stated in the opinion of the court.

From: the circuit court of Holmes county. Hon. A. MoC. Kimbrough, Judge.- Shines, tbe appellant, was plaintiff in the court below; Hamilton, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. To the petition, brought under Code 1892, § 3679, a demurrer was filed, heard, and sustained; and, contestant declining to amend, the petition was dismissed.

From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. The Adams Machine Company, appellant, was the plaintiff in the court below; Thomas, the appellee, was defendant there.

From tbe chancery court of Scott county. Eon. James L. MqCaskill, Chancellor. Day and others, the appellants, were complainants in the court below; Smith and others, the appellees, were defendants there. The object of tbe suit was to remove clouds from tbe title to real estate.

From the circuit court of, first district, Hinds county. ITon. David M. Miller, Judge. Carter, the appellant, was plaintiff in the court below; Henry, auditor, etc., the appellee, was defendant there.

From the circuit court of Lee county: Hon. John Quitman Bobbins, Special Judge. Cunningham, the appellant, was indicted and tried for and convicted of an assault with intent to kill and murder one John Iioyle, and appealed to the supreme court. The case was this: John Hoyle, armed with a stick, was pursuing appellant with the intention of giving him a whipping. After running some distance, appellant, who had a shotgun in his hand, turned and drew it as if to shoot.

From the circuit court of Montgomery county. Hon J. T. Dunn, Judge. Caldwell, the appellant, was tried for and convicted of unlawfully selling intoxicants, and appealed to the supreme court. He was sentenced for his offense, in addition to the time for which he was committed to jail and the fine imposed, to give a bond to keep the peace and to be of good behavior. In cases of unlawful sale of intoxicants, where the defendant is convicted, Code 1892, § 1489, does not apply.

From tbe circuit court of Claiborne county. Hon. Oliver W. Oatchings, Judge. Regan, tbe appellant, was indicted and tried for and convicted of tbe murder of one Moody; was sentenced to be banged, and appealed therefrom to tbe supreme court.

From the circuit court of Claiborne county. I-Ion. Oliver W. Oatchings, Judge. Shields, the appellant, was indicted and tried for and convicted of an assault and battery with intent to kill and murder one Wilbur F. Smith, and appealed to the. supreme court. Appellant went to the village of Carlisle to have some plow points sharpened for McCaleb, on whose place he was a laborer. Some time prior to this, McCaleb had become surety on the appearance bond of one Harper.

From the circuit court of Lamar county. Hon. William T. McDonald, Judge. Pyland, the appellant, was plaintiff in the court below; the town of Purvis, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The appellant presented a claim to the board of mayor and aldermen of the town of Purvis for allowance, but the board refused to allow the same.

From the circuit court of, second district, Yalobusha county. Hon. Sam 0. Cook, Judge. Kelly, the appellant, was plaintiff in the court below; the casualty company, appellee, was defendant there. From a judgment for defendant the plaintiff appealed to the supreme court. Kelly, a railroad fireman, held an accident insurance policy in the defendant company.

Erom the chancery court of Kemper county. Hon. James E. McGool, Chancellor. Mrs. McAllum, the appellee, was complainant in the court below; Mrs. Hopper and her husband and others, appellants, were defendants there.

Erom the chancery court of Lee county. Hon. William J. Lamb, Chancellor. Mrs. Bright and others, appellees, were complainants in the court below; Mrs. Campbell and another, appellants, were defendants there. Erom a decree favorable to complainants the defendants appealed to the supreme court.

From the circuit court of Warren county. Iíon. OnivÉR W. Oatchings, Judge. Crook and another, the appellees, partners under the firm name of R. L. Crook & Company, were the plaintiffs in the court below; the Hall Commission Company, the appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. This was an attachment suit by R. L. Crook & Co. against the Hall Commission Company.

From the circuit court of Pike county. IIon. .Moyse II. Wilkinson, Judge. McPhay, the appellant, was indicted and tried for and convicted of the murder of one McMorris, a policeman; was sen-fenced to the penitentiary for life, and appealed to the supreme court.

From the circuit court'of, first district, Chickasaw county. Hon. Eugene O. Svices, Judge. Evans, the appellant, was tried for and convicted of murder, and appealed to the supreme court.

From the chancery court of Alcorn county. Hon. A. J. McIníttre, Special Chancellor. Greene and others, the appellants, were complainants in the court below; the village of Rienzi and others, officers of the municipality, the appellees, were defendants there. From a decree sustaining the demurrer of defendants to the bill the complainants appealed to the supreme court. The facts are stated in the opinion of'the court.

From the chancery court of Warren county. Hon. William P. S. Ventress, Chancellor. Hiss Holland, the appellee, was the complainant in the court below; Thornton, the appellant, was defendant there.' From a decree in complainant’s favor the defendant appealed to the supreme court.

Erom the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. The Tishomingo Savings Institution, the appellant, was the plaintiff in the court below; Young, the appellee, -was defendant there. Plaintiff recovered a'judgment against the defendant and levied an execution on two horses which were claimed by the defendant as exempt.

From the circuit court of Harrison county. Hon. William T. McDonald, Judge. Mrs. Korter, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was for the alleged wrongful killing of plaintiff’s husband by the railroad company.

From tbe circuit court of, first district, Iiiuds county. Hon David M. Hiller, Judge. J ones, the appellee, was the plaintiff in the court below; the Illinois Central Railroad Company and the Yazoo & Mississippi Valley Railroad Company, the appellants, were defendants there. The suit was for damages caused by delay in the delivery of freight. From a judgment in plaintiff’s favor, defendants appealed to the supreme court.

From the circuit court of Harrison county. TIon. William T. McDonald, Judge. Francis, the appellant, was indicted and tried for and convicted of grand larceny, and appealed to the supreme court. The indictment charges that he took and carried away, feloniously, jewelry, the property of another, of the value of four hundred and thirty-two dollars.

From the circuit court of Tate county. Hon. James B. Boothe, Judge. Held: that when a sale of intoxicating liquors is shown to have been made on Sunday, it devolves upon defendant to establish that the liquors were not sold to be drunk as a beverage. Morel v. Slate, 89 Ind., 279. In Iowa, the statute provides that certain home-grown wines and ciders shall be exempted from the statute.

Erom the circuit court of Rankin county. Hon. John R. Enochs, Judge. Edward IT. Johnson and Edward H. Johnson, Jr., the appellants — father and son — were indicted and tried for and convicted of forgery, and appealed to the supreme court. The facts of the case are sufficiently stated in the opinion of the court.' [The reporter has been unable to find the briefs of counsel in this case, hence a synopsis of them is not given.]

From the circuit court of, second district, Perry county. IIon. William T. McDonald, Judge. The Fain Grocery Company, appellee, was plaintiff in the court below; .the Dupree Commission Company was defendant there; and the First National Bank of Waco, Texas, the appellant, was the claimant. From a judgment dismissing the appeal of the claimant to the circuit court from a judgment of a justice of the peace* adverse to it, the claimant appealed to the supreme court.

From the chancery court of FEarrison county. Hon. Ti-iaddeus A. Wood, Chancellor. Scarborough, the appellant, was complainant in the court below; Elmer and another, the appellees, were defendants there. From a decree denying the complainant the full relief sought by him, he appealed to the supreme court. The bill sought the cancellation of a tax deed executed in pursuance of a sale for taxes made March 7, 1892, for the taxes of 1891.

From the circuit court of Tate county. ITon. James B. Booti-ie, Judge. Talkington, the appellant, a white boy, seventeen years of age, was indicted and tried for and convicted of an assault and battery in and upon the person of one Centennial Timmons, a negro girl, ten years of age, with intent to ravish and carnally know the said Centennial, and appealed to the supreme court.

Prom the circuit court of Copiah county. .Hon. David M. Miller, Judge. Little, tbe appellant, was indicted and tried for and convicted of manslaughter — the killing of one Eli Hilton; sentenced to five years’ imprisonment in the state penitentiary, and appealed to the supreme court.

From the circuit court of Lincoln county. Hon. Moyse LI. Wilkinson, Judge. Held: that the contract was made in New York, and to be performed there, and that the company was not doing business in Tennessee within the meaning of the statutes. Eastern v. Bed-ford, 88 Fed.

From the chancery court of Lowndes county. Hon. James F. McCool, Chancellor. McLachlan, the appellee, was complainant in the court below; Humphreys and another, the appellants, were defendants there.

From the chancery court of Washington county. Hon. Percy Bell, Chancellor. Mrs. Elmslie, the appellant, was complainant in the court below; Mrs. Thurman and others, the appellees, were defendants there. Erom a decree in defendants’ favor the comjilainant ajipealed to the supreme court.

From tbe circuit court of Amite county. Hon. Hiram Gassed y, Special Judge. Nunnery, the appellant, was indicted and tried for and convicted of murder. After the verdict and before judgment entered, defendant made a motion for a new trial and filed affidavits in support thereof, setting forth that an opportunity had been offered for improper communication with the jury during their consultation on the case.

Erom; tbe chancery court of Pontotoc county. Hon. Henry L. Muldrow, Chancellor. Hartfield and another, the appellees, heirs of W. H. Hartfield, deceased, were the complainants, and the insurance company, the appellant, was defendant in the court below. Erom a decree in favor of the complainants the defendant appealed to the supreme court. The suit was instituted in September, 1897, for the purpose of collecting life-insurance money from the defendant company.

From the circuit court of Prentiss county. Host. Eugene 0. Sykes, Judge. The state, ex rel., etc., the appellant, was plaintiff in the court below; Smith, the appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court; the defendant prosecuted a cross-appeal complaining of the action of the court below in sustaining the plaintiff’s demurrers to certain pleas.

Prom the circuit court of Jones county. Hon. John R. Enochs, Judge. The People’s Bank of Laurel, the appellee, was plaintiff in the court below; Lenoir, the appellant, was defendant there. Prom the judgment of the court below, rendered by the judge (a jury being waived), adjudging the plaintiff-to be entitled to the possession of the land sued for, the defendant appealed to the supreme court.

From the circuit court of Warren county. Hon. Oliver W. Gatci-iings, Judge. Lawson, the appellant, was indicted and tried for and convicted of burglary, and appealed to the supreme court.

From the circuit court of Tate county. ITon. James B. Boothe, Judge. Whit, the appellant, was tried for and convicted of murder, sentenced to the penitentiary for life, and appealed to the supreme court. The case was heretofore in the supreme court, and is reported — Whit v. State, 85 Miss., 208 (s.c., 37 South. Rep., 809). The remarks of the district attorney were in direct violation of law. It was the duty of the jury to try appellant on the evidence.

From the circuit court of, second district, Tallahatchie county. ITon. Samuel C. Cook, Judge. Sledge, the appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. The court below held that the plaintiff was guilty of more than mere contributory negligence.

From the chancery court of Newton county. Hon. James L. MoCaskill, Chancellor. Mrs. Hoye, the appellee, was complainant in the court below; the railroad company, the appellant, was defendant there. From a decree favorable to complainant, sustaining her demurrer to defendant’s cross-bill, the defendant appealed to- the supreme court. Mrs. Lloye filed a bill to remove clouds from title to certain land.

From the chancery court of Simpson county. FIon. James L. McOaskill, Chancellor. Thames and others, appellants, were complainants, and Mangum and others, appellees, defendants in the court below. From a decree sustaining’ the demurrer of the defendants to the bill of complaint the complainants appealed to the supreme court.. Mary Thames and her husband formerly owned the land in controversy jointly, each owning an undivided one-half interest.

From the circuit court of Hancock county. ITon. William T. McDonald, Judge. Telheard, the appellant, was convicted, before the mayor of the city, of violating an ordinance of the city of Bay St. Louis, and appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court.

From, the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Zemurray, the appellant, doing’ business under the name of Zemurray & Company, was the plaintiff in the court below;Bouldin, the appellee, the sheriff and tax collector of Ooahoma county, was defendant there. From a judgment in favor of defendant and dismissing the suit the plaintiff appealed to the supreme court.

From the circuit court of. Harrison county. Hon. William T. McDonald, Judge. Craft, the appellant, was the plaintiff’in the court below; Lott, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Lott, the appellee, was the son of a defaulting tax collector of Mobile county, Alabama.

From the circuit court of, first district, Panola county. Hon. James B. Boothe, Judge. Oassius M. Carrier & Son, a corporation, the appellant, was the plaintiff in the court below; Poulas and others, the appellees, were defendants there. The suit was begun by attachment, upon a claim for damages arising out of an alleged breach of contract on the part of the appellees, and was based on the fact that defendants were nonresidents.

From the circuit court of Jackson county. Hon. William T. McDonald, Judge. Mrs. Thomas, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in favor of the plaintiff, for the sum'of $999, the defendant appealed to the supreme court. This suit was instituted by appellee for the death of her son, a brakeman in the employ of appellant.

From the circuit court of Warren county. TIon. Oliver W. Oatchinss, Judge. Lanier, the appellee, petitioned the circuit court for an allowance, under Code 1892, § 1387, stating that he had arrested and delivered up for trial a fleeing homicide. The court below granted the prayer of the petition (it was an ex parte one), and made an allowance of one hundred dollars, as prayed for by petitioner. From the judgment of allowance Warren county appealed to the supreme court.

From the circuit court of Quitman county. Hon. Samuel C. Cook, Judge. Mrs. Sanders, the appellee, was the plaintiff in the court below; the railroad company, the appellant, was defendant there. The suit was for damages caused by the action of the railroad- company’s servants in refusing to remove the carcasses of mules killed by the train of the railroad company and hurled from the track to a point very close to plaintiff’s dwelling house.

From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Held: that the company was not responsible for its loss, although the baggage master knew the character of the baggage, and received similar packages from other passengers.” Appellee’s counsel take great comfort in the decision of this court in the case of Yazoo, etc., B. B. Go. v. Insurance Go., 85 Miss., 7 (s.c., 37 South. Rep., 500).

From the circuit court of, first district, Iliuds county. Hon. David M. Miller, Judge. The Gloster Oil Works, the appellant, was plaintiff in the court below; the Buckeye Cotton Oil Company, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, first district, Chickasaw county. Hon. Eugene 0. Sykes, Judge. Smith, the appellant, was indicted-and tried for murder. He was convicted of manslaughter, and appealed to the supreme court. The facts upon which the case turned are apparent from the opinion of the court.

From: the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Herring, the appellant, was indicted for murder, was tried therefor and convicted of manslaughter, and appealed to the supreme court. The opinion of the court sufficiently states the case. The second instruction for the state does not correctly announce the principle of law applicable to such cases as the instant one.

From the chancery court of Hancock county. Hon. Thaddeus A. Wood, Chancellor. The Bay Manufacturing Company, the appellee, was the complainant in the court below; Orrell and others, the appellants, were defendants there. From a final decree in complainant’s favor the defendants appealed to the supreme court. The case was once before in the supreme court, and is reported —Orrell v. Bay Manufacturing Go., 83 Miss., 800.

From the circuit court of, second district, Coahoma county. Hon. Samuel O. Cook, Judge. The Olarksdale Insurance Agency, a corporation, the appellant, was plaintiff in the court below; Cole, tbe insurance commissioner of tbe state, tbe appellee, was defendant there. Tbe object of tbe suit was to recover privilege taxes which tbe plaintiff bad paid under protest. From a judgment in favor of defendant tbe plaintiff appealed to tbe supreme court.

Erom the chancery court of Harrison county. IIon. Ti-iaddeus A. Wood, Chancellor. Mrs. Ansley, the appellee, was the complainant in the court below; the. Gulfport Land and Improvement Company, the appellant, was the defendant there. The defendant demurred to the complainant’s bill. The court below overruled the demurrer, and the defendant appealed to the supreme court.

From the circuit court of Warren county. Hon. Oliver W. Oatchings, Judge. Mrs. McKenna, the appellant, was plaintiff in the court below; the railway company, the appellee, was defendant there. Held: as matter of law, that the traveler must look at the second gate to see if it is coming down, but will be a fact for the jury to determine whether such failure to look constitutes contributory negligence.” 2 Thompson on Negligence (2d ed.), sec. 1533.

From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. Bothenberg and others, appellees, doing business under the firm name of Marks Bothenberg & Co., were plaintiffs in the court below 3 the express company, the appellant, was defendant there. From a judgment in plaintiffs’ favor defendant appealed to the supreme court.

Erom the circuit court of Warren county. Hon. Oliver W. Catchings, Judge. Paxton, the appellee, was plaintiff in the court below; Enochs, the appellant, was defendant there. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.

Erom tbe chancery court of Rankin county. Hon. Robert B. Mates, Chancellor. Sarah Hall, the appellee, was the complainant in the court below; Johnson and others, the appellants, were defendants there. Erom a decree in favor of complainant the defendants appealed to the supreme court. Sarah Hall, the complainant, an illiterate negro woman, was the owner of certain property in Rankin county.

From the circuit court of Grenada county. TIon. A. McC. Kimbrough, Judge. Adams, state revenue agent, the appellee, was plaintiff in the' court below; the Grenada Bank, 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. The question is res adjudicata,.

From the circuit court of Clarke county. Hon. Robert F. Cochran, Judge. The mercantile company, appellant, was the plaintiff in the court below; the railroad company, appellee, was the defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

From the circuit court of Holmes county. Hon. A. MgC. Kimbrougi-i, Judge. The state, suing upon relation of William Williams, attorney-general, the appellant, was plaintiff in the court below; the railroad company, the appellee, was defendant there. The suit was a mandamus proceeding to compel defendant to erect and maintain a depot. From a judgment denying the writ and dismissing the suit the plaintiff appealed to the supreme court.

From the circuit court of Harrison county. TIon. William T. McDonald, Judge. Torsch, the appellee, was the plaintiff in the court below; the Pass Canning Company, the appellant, was defendant there. The suit was for the value of oyster shells which the plaintiff claimed under a lease contract giving him the right to remove the shells. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the chancery court of Scott county. Hon.James L. McOaskill, Chancellor. Bonds, the appellee, was complainant in the court below; Howie and others, the appellants, doing business under the firm name of Howie Bros., were defendants there. The chancery court rendered a decree in favor of the complainant for the sum of eight hundred and thirty-four dollars as commissions on the sale of five thousand five hundred and sixty acres of land.

Prom the chancery court of Covington county. ITon. Thaddeus A. Wood, Chancellor. Myer, the appellee, was the complainant in the court below; Morris, the appellant, was the defendant there. The bill sought to remove a cloud from the title to land, together with compensation for the use and occupation thereof and for waste committed thereon by the destruction of timber. The court below decreed in favor of the complainant, and the defendant appealed to the supreme court.

<p>Appeal. Circuit court. Judgment on demurrer.</p> <p>An appeal does not lie from the judgment of the circuit court over ruling a demurrer to a declaration.</p>

From tbe chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Moores, the appellant, was the complainant in the court below ,- Flurry, the appellee, was the defendant there. The complainant sought to remove a cloud from his title to land. The defendant demurred to the bill of complaint, and the court below rendered a decree sustaining the demurrer and dismissing the suit. From this decree the complainant appealed to the supreme court.

Prom the chancery court of Panola county. IIon. Julian 0. Wilson, Chancellor. The town of Como, the appellant, was the complainant in the court below; Pointer and others, the appellees, were defendants there. Prom a decree in favor of defendants the complainant appealed to the supreme court.

From the circuit court of Warren county. Hon. Oliver W. Catchings, Judge.' Romano, administrator of the estate of Regina Dohler, deceased, the appellant, was plaintiff in the court below; the railroad company, the -appellee, was defendant there.

From the circuit court of Warren county. ITon. Oliver W. Catohings, Judge. Held: “A right acquired by garnishment against a decedent in his lifetime before judgment on such garnishment is a mere liability of his estate, and not such a claim against the estate as is required to be registered under Code 1880, § 2028, which provides that ‘all claims against the estate of a decedent’ shall be barred unless registered…

Prom the circuit court of, second district, Yalobusha county. Hon. Samuel C. Cooic, Judge. Burke, the appellant, was plaintiff in the court below; the city of Water Valley, the appellee, was defendant there. Prom a judgment in favor of defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Adams county. Hon. Motse H. Wilkinson, Judge. Mathison, the appellant, was indicted and tried for and convicted of murder,'and appealed to the supreme court. The appellant married Dinah Pruette, daughter of Sue Pruette, chief witness for the state in this case.

From the ckaucery court of Kankin county. Hon. James L. McCaskill, Chancellor. Held: “The bill alleges that there had been ño default when the sale was made, but the deed of conveyance by Willis to Lee is made an exhibit to the bill, and it recites that default had occurred in the payment of the debt; and the rule is settled here that where the statute makes an exhibit a part of the bill, and it is contradictory to…

Erom tbe chancery court of Kemper county. Hon. James E. McOool, Chancellor. Mrs. Campbell and others, appellees, heirs of Albert Dozier, deceased, were complainants in the court below; Woods and others, appellants, were defendants there. The object of the bill was to remove clouds from title to lands. Erom a decree in complainants’ favor the defendants appealed to the supreme court.

From the circuit court of Marshall county. Hon. James B. B'ooti-ie, Judge. Mrs. Hopson, the appellant, was the plaintiff in the court below; the railroad company, the appellee, was the defendant there. 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 circuit court of Quitman county. Hon. Samuel 0. Cook, Judge. Brown, the appellant, was indicted and tried for and convicted of murder, and appealed to the supreme court. A dispute arose between the mother of appellant and the wife of deceased, in which dispute deceased took little or no part, and which ended in the appellant’s mother, Maria Brown, calling to appellant to bring a gun. Appellant obeyed, and the trouble ended for the time being.

From the circuit court of Madison county. Iíon. David M. Miller, Judge. Bennett, the appellant, was indicted and tried for and convicted of the unlawful sale of intoxicants, and appealed to the supreme court. The state’s witnesses went to appellant and asked hinr for some whisky. Tie replied that he had none, but thought he could help them out in getting it. He then wrote his name on a blank piece of paper, which he delivered to these witnesses.

From the circuit court of Lauderdale county. JIon. Robert F. Cochran, Judge. Russell and another, copartners, doing business under the name of Russell & Butler, the appellants, were the plaintiffs in the court below; the railroad company, the appellee, was the defendant there. From a judgment in favor of the defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.