Volume 89 — Mississippi Reports

From the circuit court of Pike county. Hon. Moyse II. Wilkinson, Judge. Templé, the appellant, an infant suing by his next friend, was plaintiff in the court below; the electric light and power company, the appellee, was defendant there. From a judgment sustaining a demurrer to the declaration and dismissing the suit the plaintiff appealed to the supreme court.

From tlie chancery court of Iiarrison county. Hon. Thaddeus A. Wood, Chancellor. Thames, the appellant, was complainant in the court below;' Mrs. Duvic and others, the appellees, were defendants there.

From the chancery court of, second district, Coahoma county. Hon. Percy Bell, Chancellor. Sheffield, the appellee, was complainant in the court below; the Louis Werner Sawmill Company, the appellant, and the Yazoo & Mississippi Valley Railroad Company, were defendants there. From a decree in favor of complainant, defendant Louis Werner Sawmill Company appealed to the supreme court.

From the circuit court of Clarke county. Hon. Robert F. Cochran, Judge. Boykin, the appellant, was indicted for murder, tried and convicted (a second time) of manslaughter,' and appealed to the supreme court. The opinion discloses the facts touching the controlling point in the case. The case was in the supreme court on appeal from a previous conviction of manslaughter, and is reported, Boylcin v. State, 86 Miss., 481.

From, the circuit court of Wayne county. Hon. William H. Hardy, Judge.

From the circuit court of Warren county. Hon. Oliver W. Catchings, Judge. Hill, the appellant, was indicted, tried, and convicted of murder, and appealed to the supreme court. The opinion shows the facts controlling the decision. In its anxiety to do justice, the law always excuses the nonperformance of the physically impossible.

From the chancery court of Jones county. Hon. James L. McOaskill, Chancellor. Held: and for building a courthouse, issuing bonds, levying taxes, etc., the claim being that the so-called act Avas unconstitutional. An injunction was granted restraining the defendants from holding the election. The defendants demurred to the bill and made a motion to dissolve the injunction.

From the circuit court of Noxubee count y. IIon. Robert F. Cochran, Judge. The appellants, Mrs. Jackson and others, the widow and children of W. R. Jackson, who met his death in the accident giving rise to the suit, were plaintiffs, and the railroad company was defendant, in the court below.

From the circuit court of Copiali county. Hon. David M. Miller, Judge. Ainsworth, the appellee, was plaintiff in the court below; Watts, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The plaintiff, Ainsworth, sued out a writ of replevin in the justice’s court against defendant, Watts, for a mule, which was seized by the constable and bonded by appellant.

From the .chancery court of Madison county. Hon. Robert B. Mayes, Chancellor. Jones, the appellee and cross-appellant, was complainant in the court below; Gross and others, the appellants and crossappellees, were defendants there. From a decree largely favorable to complainant tbe defendants appealed to tbe supreme court and complainant prosecuted a cross-appeal. The facts are fully stated in tbe opinion of the court.

From the circuit court of Holmes county. Hon. A. MoO. Kimbrough, Judge. Appellant, Stanley, a traveling salesman for a distilling company doing business in Missouri was tried before the mayor of the town of Durant, as justice of the peace, on an affidavit charging him with keeping in said town intoxicants to be given away to induce trade, in violation of eh. 104, p. 141, laws of 1900.

From the chancery court of Tishomingo county. TIon. Joi-in Quitman Robins, Chancellor. Margaret B. Ross, the appellee, was complainant in the court below; her husband, Willis T. Ross, the appellant, was defendant there. From an interlocutory decree in favor of complainant, awarding her alimony pendente lite and suit money, defendant appealed to the supreme court.

From the circuit court of Claiborne county. Hon. John N. Push, Judge. Nancy Roberts, the appellant, was tried and convicted in the mayor’s court of Port Gibson on the charge of unlawfully selling intoxicants, a misdemeanor under the ordinances of the town.

Erom the chancery court of, second district, Chickasaw county. JIon. John Q. Robins, Chancellor. Glidewell, the appellant, was complainant in the court below; Mrs. Morris, the appellee, was respondent there. Erom a decree in favor of respondent, the complainant appealed to the supreme court.

From tlie circuit court of Greene county. ITon. William H. Hardy, Judge. Held: under a constitution like ours, that the question of use was a judicial one to be determined by the court, but that it could be determined from the record before the court that the use there in question was a public one, thus recognizing the right of defendants to make.the record show the facts, and, if the facts justified the…

From the chancery court of Greene county. Hon. Thaddeus A. Wood, Chancellor. The lumber company, the appellant, was the complainant in the court below; the railroad company, the appellee, was defendant tliere. From a 'decree in defendant’s favor tbe complainant appealed to tbe suéneme court.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, the appellant, was tried for and convicted of an assault with intent to murder one Joseph Mashburn, and appealed to the supreme court.

Erom the circuit court of Leflore county. Hon. A. MoO. Kimbrough, Judge. George Harris, appellee, was plaintiff, and the city of Greenwood, appellant, defendant, in the court below. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The suit was for damages for personal injuries sustained by plaintiff.

From the circuit court of, second district, Yalobusha county. ITon. Samuel 0. Cook, Judge. Goodbar & Company, a corporation, appellant, was plaintiff in the court below; Knight, one of the appellees, was defendant there; and Trusty, another appellee, was claimant. From a judgment in favor of Trusty, the claimant, the plaintiff appealed to the supreme court.

From tbe chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Mrs. Frederic and others, the appellants, were complainants in the court below; Mayers, appellee, was defendant there. The bill sought the cancellation of defendant’s claim to a lot in the town of Scranton as a cloud upon complainants’ title thereto. From a decree wholly in defendant’s favor the complainants appealed to the supreme court.

From the circuit court of Prentiss county. Hon. William I). Anderson, Special Judge. Smith, the appellant, was plaintiff in the court below, and Forbes, the appellee, was defendant there. From a judgment in favor of defendant the plaintiff appealed to the supreme court. The suit was a demand for the statutory penalty under Code 1982, § 4412, for cutting trees.

From the circuit court of Amite county. Hon. Moyse H. Wilkinson, Judge. Shepherd, the appellant, was indicted and tried for and convicted of the murder of one Terrell, sentenced to the penitentiary for life, and appealed to the supreme court. The assignment of error upon which the case was decided was predicated of the action of the trial judge in selecting the grand jury which found the indictment upon which appellant was tried and convicted.

From the chancery court of DeSoto county. Hon. Julian C. Wilson, Chancellor. Wheeler, the appellant, was complainant in the court below; Tjyncli and another, appellees, were defendants there. From a decree dismissing the bill complainant appealed to the supreme court. Appellant filed his bill in chancery in July, 1906, claiming title to lands sold to him March 7, 1904, for the taxes of 1903.

From the chancery court of Lauderdale county. LIon. James Ij. McGaskill, Chancellor. Arky, the appellee, was complainant in the court below. Floyd, the appellant, was defendant there. From a decree overruling defendant’s demurrer to complainant’s bill the defendant appealed to the supreme court.

From the chancery court of Harrison county. Hon. Ti-iaddeus A. Wood, Chancellor. The Native Lumber Company and others, the appellants, were complainants in the court below; the board of supervisors and the board of election commissioners of Harrison county were defendants there. From a decree dissolving an injunction, sustaining a demurrer to the bill of complaint and dismissing the suit the complainants appealed to the supreme court.

From the chancery court of Quitman county. Hon. Percy Bell, Chancellor. Held: no matter' how or whence acquired. The legal title to the land involved, being' Chickasaw school land, and governed by the same provisions as the sixteenth section lands, was held either by the state or the United States from 1842 to 1905, in trust for school purposes, and hence the land was never liable for taxes, unless the act of…

From the chancery- court of Washington county. Hon. Percy Bedd, Chancellor. Ragan and others, appellees, were complainants in the court below; O. B. Crittenden & Co., appellants, and the Geiss-Mann Hardware Company, an appellee, were defendants there. From a decree overruling the demurrer of defendants, 0. B. Crittenden & Co., to the bill of complaint, and to the cross-bill of defendant hardware company, 0. B. Crittenden & Co. appealed to-the supreme court.

From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Threefoot and others, the appellants, doing business under the firm name of Threefoot Brothers & Company, were plaintiffs in the court below; the railroad company, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court.

From the chancery court of Lincoln county. IIon. Robert B. Mayes, Chancellor. Lyell, trustee in bankruptcy, the appellee, was complainant in the court below; Belknap and others, the appellants, doing business as Belknap & Company, were defendants there. From a decree in favor of the complainant the defendants appealed to the supreme court.

Erom the chancery court of Jasper county. TIon. James L. McOaskill, Chancellor.

From the circuit court of Warren county. IIon. John N. Bush, Judge. The appellant, Crumpler, appealed from a conviction in tire circuit court under the following ordinance of the city of Vicksburg : “Section 1.

.From the chancery court of Jones county. Hon. James L. McOaskill, Judge. McDonald, the appellant, was complainant, and Kamper, the appellee, defendant in the court below. The demurrer of tho defendant to complainant’s bill was sustained and complainant appealed to the supreme court. The opinion sufficiently states the case. The facts stated in the bill show that as to $1,161 parcel of these notes, there was no consideration to McDonald.

Prom tbe chancery court of Leflore county. LIon. Percy Bell, Chancellor. Loggins, the appellee, was complainant in the court below; Ramoneda and others, doing business as Ramoneda Bros., were defendants there.- Prom a final decree in complainant’s favor the defendants appealed to the supreme court.

Erom the circuit court of Grenada county. LIon. Joseph T. Dunn, Judge. Lewis, the appellant, was plaintiff in the court below; McCracken, trustee, the appellee, was claimant and defendant there; From a judgment in plaintiff’s favor defendant, the claimant, appealed- to the supreme court. The facts are sufficiently stated in the opinion of the court. Plaintiff’s demurrer shows,' on its face, that he has misconceived defendant’s position.

Erom the circuit court of Pearl Biver county.11 IIon. William H. Cook, Judge. Stevenson, the appellee, was plaintiff in the court below; the express company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court.

Prom the circuit court of Warren county. Hon. John N. Bush, Judge. The Vicksburg Waterworks Company, the appellee, was plaintiff in the court below; the Guffey Petroleum Company, the appellant, was defendant there. Pr.om a judgment in plaintiff’s favor the defendant appealed to the supreme court.

F rom the circuit court of Washington county. IIon. A. MoC. Kimbrough, Judge. Blum, the appellee, ivas the plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in favor of plaintiff defendant appealed to the supreme court. This case is somewhat similar to that.of Yazoo, etc., B. B. Go. v. Blum, 88 Miss., 180 (s.o., 40 South. Rep., J48), but must not be confused with it.

From the circuit court of Warren county. TIon. Joitn N. Bush, Judge. Hobart, the appellee, was plaintiff in the court below; the telephone 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 Warren county. IIon. Joi-in N. Bush, Judge. The Brunswick-Balke-Collend'er Company,'- a corporation, the appellant, was plaintiff in the court below; the Morley- Shoe Company, the appellees, and one Murphy were defendants there. Erom a judgment in favor of the Morley Shoe Company the plaintiff appealed to the supreme court.

From the circuit court of first district, Hinds county. IIon. David M. Hiller, Judge. Ida Winfield, the appellant, was convicted in the court below of the unlawful sale of intoxicants, and appealed to the supreme court.

From the circuit court of, first district, Panola county. Iíon. James B. Bootiie, Judge. Carrier & Son, a corporation, the appellee, being dissatisfied with the judgment of the board of supervisors approving the assessment of its personal property for taxation, appealed therefrom to the circuit court, and was the plaintiff in that court; Panola county, the appellant, being defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Union county. Hon. James B. Boothe, Judge. Early & Company, a corporation, and others, appellants, were plaintiffs in the court below; Long, the appellee, was defendant there. From a judgment in favor of defendant for a part of the land, the plaintiff appealed to the supreme court.

From the circuit court of Sunflower county. Hon. A. McC. Kimbrough, Judge. May, the appellant, a negro, was indicted and tried for and convicted of the murder of his wife, Koberta May, sentenced to suffer death, and appealed to the supreme court. The testimony showed that the killing occurred at a negro dance. Appellant’s wife accused him of having committed adultery -with the wife of one Jennings, and this she did in the presence of Jennings.

From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Polk, Hie appellant, was convicted in the mayor’s court of the town' of Seminary of violating au ordinance of the town, and appealed to the circuit court. The town of Seminary moved the circuit court to dismiss the appeal because the record failed to show that- appellant had executed an appeal bond.

From the circuit court of, second district, Bolivar county. Hon. A. UoC. Kimbrougi-i, Judge. Tire Hibernia Bank and Trust Company, the appellant, was plaintiff in the court below; Smith, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was upon a promissory note which, the declaration averred, was by endorsement “transferred and assigned” to plaintiff.

Erom the circuit court of Sharkey county. JIon. John N. Bush, Judge. Evans, the appellant, being dissatisfied with the amount of damages assessed by the board of supervisors of S'harkey county for land taken for a public road, sought to appeal to the circuit court.

From the circuit court'of, first district, Iliuds county. Hon. David M. Miller, Judge. Bertha Byrd and others, appellees, were plaintiffs in the court beloAv; the railroad company, appellant, Avas defendant there. The suit Avas for damages on account of the alleged wrongful death of one Hiram Byrd, a brother of the plaintiffs, having neither Avife, child, father nor mother, .caused by being thrown as Avas charged from a rapidly moving train.

From the circuit court of Noxubee county. IIon. Robert F. Cochran, Judge. Wooten, the appellant, was plaintiff in the court below; the railroad 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 Wayne county. Hon. William H. Hardy, Judge. Jamos and Charles Starling, appellants, were jointly tried and convicted of an assault and battery, a misdemeanor, and sentenced to pay a fine and be imprisoned in the county jail. From the conviction and sentence they appealed to the supreme court.

Erom the circuit court of Bolivar, county. Hon. A. McO. Kimbrough, Judge. The Helm & Northwestern Railroad Company, the appellant, was the applicant in eminent domain proceedings against Turner and others, appellees, and appealed from the eminent domain court to the circuit court. At the ensuing term of the circuit court, that court, on the motion of appellee, Turner, dismissed the appeal. The railroad company thereupon appealed to the supreme court.

From the circuit court of Amite county. Iíon. Moyse H. Wilkinson, Judge. The appellant, John Woodward, was indicted on August 21, 1906, for the murder of one Johnson, who had been killed only a few days before, on August 11, 1906. Appellant was unable to employ counsel to represent him on his trial, and, as the charge was a capital offense, the court on August 21, 1906, the date on which appellant was arraigned, appointed counsel to defend him.

From the circuit court of Union county. Hon. J. B. Booti-ie, Judge. The appellant, Cunningham, was indicted and tried for and convicted of assault and battery with intent to kill one Giles Stacy, and sentenced to the penitentiary for three years, from which conviction and sentence he appealed to the supreme court. To prove its case the state introduced only one witness, Stacy, the person assaulted, who testified that appellant had shot him without provocation.

From the chancery court of Attala county. Hon. J. F. McOool, Chancellor. The appellee, Weeks, was the complainant in the court below; the appellant, Teague,- w‘as defendant there. From a decree in complainant’s favor overruling defendant’s demurrer to the bill of complaint, defendant appealed to the supreme court.

From tbe circuit court of Wilkinson county. ' Hon. Motse H. Wilkinson, Judge. Held: shall not be construed to vacate the office, or in any way to affect the appointment, except when otherwise expressly provided; but the appointment shall continue and the office shall be held subject to the provisions contained in this code.” ° , The defendant, Tucker, demurred to the information; the court below overruled his…

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Rosa Fortinberry, a minor, suing by her next friend, was plaintiff, and Marshall Holmes was defendant, in the court below.

From the circuit court- of Washington county. Hon. A. McC. Kimbrough, Judge. Collins, the appellant, was plaintiff and the railroad company, the appellee, defendant in the court below. The suit was for damages for personal injuries sustained while attempting to board one of the trains of the defendant, the Southern Railway Company, and from a judgment sustaining defendant’s demurrer to his declaration and dismissing the suit, he appealed to the supreme court.

From the circuit court of Jefferson county. Hon. Moyse H. Wilkinson, Judge. The appellants, Kaufman and others, conducting business under the partnership name of kf. Kaufman & Sons, were plaintiffs in the court below; the appellee, J. M. Foster, was' the defendant there. From a judgment in favor of defendant the plaintiffs appealed to the supreme court.

Prom the circuit court of, second district, Perry county. IIon. William II. Cook, Judge. The appellant, Levy, was indicted and convicted of violating the act of 1900, ch. 104, sec. 3, making it a misdemeanor for the occupant of a building in which unlawful retailing is carried on, or liquors are unlawfully kept, to fail to give inforr mation thereof to some conservator of the peace. He was lined $500 and sentenced to jail for ninety days.

From the circuit court of Quitman county. ITon. Samuel C. Oooic, Judge. Mrs. Maletha Landrum, who sued for the benefit of herself and her minor children, 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 circuit court of Attala county. IIon. J. T. Dunn, Judge. Mrs. Lucas, the appellee, was the plaintiff iñ the court below; the railroad company, the appellant, was defendant there. From a judgment in favor of plaintiff the railroa'd company appealed to the supreme court. ■ • The appellee’s suit was for damages for personal injuries sustained by her while upon the depot premises of the appellant railroad company in'Kosciusko.

Erom the circuit court of Pike county. Hon. Mots II. Wilkinson, Judge. Cooper, the appellant, was indicted and tried for and convicted of the murder of one Giles, and was sentenced to suffer death. Erom such conviction and sentence he appealed to the supreme court. The dead body of Giles was found near a railroad track in the village of Eernwood, its condition indicating that death had been caused by violence.

From the circuit court of Warren county. Non. John N. Bush, Judge. The Columbia Star Milling Company, a corporation, the appellant, was plaintiff in the court below; the Russell Company, a corporation, the appellee, ivas defendant there. From a judgment which, although in favor of plaintiff, was for less than it demanded, being for a sum tendered by defendant as the limit of its liability, the plaintiff appealed to the supreme court.

From the circuit court of Harrison county. Hon. William IT. Hardy, Judge. Kemp, the appellant, was indicted and tried for robbery, convicted for grand larceny, and sentenced to the penitentiary for five years. From such conviction and sentence he appealed to, the supreme court. There were three counts to the indictment.

From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Held: “In the states where school lands have been reserved, the legislatures have enacted laws to carry out and effectuate the benign policy of the general government. Special authority has been given to individuals elected, in the respective townships, to lease the lands, sue for rents, etc., exercising, to some extent, corporate powers.

Erom the chancery court of Simpson county. Hon. James L. McCáskill, Chancellor. Held: that the parties having fixed their own time for the removal of the timber, the right of entry, as well as the right to property, fell with the .expiration of that time. The limit upon the right to enter was a limitation upon the exception itself. It was a reservation of the timber for twelve years, and no longer.

From the circuit court of Sunflower county. Hon. A. McO. Kimbrough, Judge. The appellant, Turner, a negro, was indicted and tried for and convicted of the murder of his mother, Amanda Turner; was sentenced to suffer death, and from the conviction and sentence appealed to the supreme court.

From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor Ourphy and others, appellants, were complainants in the court below; Terrell and others, appellees, were defendants there. From a decree sustaining defendants’ motion for an allowance on account of solicitors’ fees for services on an appeal (a former one) to the supreme court, against them and the sureties on their injunction bond, complainants appealed to the supreme court.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Martin, the appellant, having been convicted in a justice of the peace’s court on a charge of malicious trespass, appealed to the circuit court, and from a conviction and sentence in the circuit court, appealed to the supreme court.

From the circuit court of Sunflower county. Hon. A. MoC. Kimbrough, Judge. Sallis, the appellee, was the plaintiff in the court below, and the railroad company, the appellant, was defendant there. From a judgment in favor of plaintiff the railroad company appealed to the supreme court.

Prom the circuit court of Marshall county. Hon. James B. Boothe, Judge. Jeffries, the appellant, a negro, was indicted and tried for and convicted of a rape upon Beulah Price, a negro girl, and sentenced to the penitentiary for life. Prom the conviction and sentence he appealed to the supreme court.

From the chancery court of Scott county. Hon. James L. McOaskill, Chancellor. Mrs. Smith, the appellant, was complainant in the court below; Kirkland, the appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. The object of the suit was to cancel defendant’s claim of title to the land in controversy.

Prom the chancery court of Washington county. Hon. Percy Bell, Chancellor. Held: that the plea was bad, as the former conviction was void. People v. Connor, 142 N. Y., 130. California: Where the question in the case involved the issue of city bonds running forty years, and the trial judge held land in the city, he was disqualified to act as judge in the case. Meyer v. San Diego, 53 Pac. Pep., 434. Louisiana:.

From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Spell, the appellant, a negro, was indicted and tried for an attempt to rape, convicted, and sentenced to the penitentiary for ten years, and appealed to the supreme court.

From tbe circuit court of Greene county. ITon. William H. Hardy, Judge. Kittrell, tbe appellant, and a negro named Johnson were jointly indicted, and appellant was separately tried and convicted for unlawfully selling intoxicants, fined $500, and appealed to the supreme court. Appellant carried on a mercantile business in the village of State Line, but was absent from his store a considerable part of the time.

Rrom tbe circuit court of Greene county. How. William IT. Hardy, Judge. Taylor, tbe appellant, was indicted for tbe murder of one Mclnnis, tried and convicted of manslaughter, sentenced to tbe penitentiary for a term of twenty years, and appealed to the supreme court. The killing occurred at a picnic.

From the circuit court of Leflore county. Hon. A. MoC. Kimbrough, Judge. White, the appellant, was convicted before the mayor of the city of Greenwood, as an ex- officio justice of the peace, of having unlawfully sold intoxicants, a misdemeanor, and being' fined $250 and sentenced to the county jail for ninety days, appealed to the circuit court.

From the chancery court of Amite county. Hon. William P. S. Ventress, chancellor. Stevenson, the appellee, was complainant and cross-defendant in the court below, and the Lumber Company, a corporation, and another, appellants, were defendants and cross-complainants there. From a decree dismissing the cross-bill, and awarding the relief sought by Stevenson in his original bill, the defendants and cross-complainants appealed to the supreme court.

Prom tbe circuit court of Warren county. Hon. John N. Bush, Judge. Christmas, the appellee, was the plaintiff, in the court below, and the railroad company, the appellant, was defendant there. Prom a judgment in favor of plaintiff the railroad company appealed to the supreme court.

From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Mrs. Birchett, the appellee, was plaintiff in the court below; the city of Yazoo City, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Mrs. Birchett, the widow and sole heir of J. B. Birchett, deceased, sued Yazoo City to recover damages because of his death.

Erom the chancery court of Warren county. Hon. William Rí S. Ventress, Chancellor. Edward and Thomas Smith, appellees, were complainants in the court below; the Grand Lodge Colored Knights of Pythias of North and South America, Europe, Asia, Africa, Australia and Oceánica and one Mary Richardson, appellants, were defendants there. Erom a decree in favor of complainants the grand lodge appealed to the supreme court.

From tbe chancery court of Pontotoc county. Hon. John Quitman Bobins, Chancellor. Tbe State of Mississippi and tbe railroad commission of tbe state of Mississippi, tbe appellees, were complainants in tbe court below; tbe railroad company, tbe appellant, was defendant there. From a final decree in favor of the complainant, perpetuating an injunction, the defendant appealed to the supreme court.

From the circuit court of Madison county. Hon. D. M. Miller, Judge. Mrs. Anderson, the appellee, was plaintiff, and the telephone company, the appellant, defendant in the court below. From a judgment in favor of plaintiff, defendant appealed to the supreme court. This was a suit under Laws 1898, ch. 65, by plaintiff, mother of Edward Anderson, an infant, to recover damages because of his death.

From the chancery court of Copiah county. Hon. Robert B. Mates, Chancellor. Carney, appellant, was complainant in the court below; Hamilton, tax collector of Copiah county, appellee, was defendant there. From a decree in favor of defendant the complainant appealed to the supreme court.

From the circuit court of Pike county. ITon. Moyse IT. Wilkinson, Judge. Walter Dees and Charles Fleming, appellants, were jointly tried and convicted of burglary upon an indictment charging burglary and larceny; were sentenced to the penitentiary for seven years, and appealed to the supreme court.

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Ireland, the appellee, was indicted and tried for an assault and battery with intent to kill. After the state had closed its case, the trial court sustained defendant’s motion to exclude the evidence, and directed a verdict of acquittal. The state appealed to the supreme court. Defendant’s only plea to the indictment was not guilty.

From the circuit court of. Monroe county. Hon. Eugene O. Sykes, Judge. Held: pending sentence, at the time of the trial of the appellant.

From: the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Johnson, the appellant, and three others, were indicted for the murder of Harriet Caston; there was a severance, and appellant was separately tried, convicted of the murder, and sentenced to suffer death, from which conviction and sentence he appealed to the supreme court.

From the circuit court of Warren county. Iíon. John N. Push, Judge. Application was made by Dickson, the appellant, to the circuit judge for a writ of habeas corpus. From a judgment remanding relator to custody he appealed to the supreme court. Appellant was convicted in the police court of the city.of Yieksburg of having in his possession burglars’ tools, in violation of the ordinance of the city, and was sentenced to pay a fine of $25.

From.the chancery court of Oktibbeha county. Hon. William L Lamb, Chancellor. Adams, state revenue agent, the appellant, was complainant in the court below; Saunders and others, appellees, were defendants there. From a decree in favor of defendants, dismissing the bill of complaint, the complainant appealed to the supreme court.

From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Moseley, the appellant, a negro, was indicted and tried for the murder of Alfred Williams, also a negro; was convicted, and sentenced to the penitientiary for life, and appealed to the supreme court. The appellant claimed to have shot Williams in self-defense.

From the circuit court of Quitman county. Hon. Samuel C. Cook, Judge. Banister, the appellee, was plaintiff in the court below; the railroad company, the appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of Attalla county. Hon. J. T. Dunn, Judge. Bell, the appellant, was indicted and tried for' the murder of one David White; was convicted of manslaughter, sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing of White occurred at night in a room of a hotel in the town of Kosciusko, and was the result of a quarrel which arose between the parties while gambling.

Prom the circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. • Adams, state revenue agent, the appellant, wras plaintiff in the court below; the Delta & Pine Land Company, appellee, was defendant there. Prom a judgment in plaintiff’s favor for less than demanded, he appealed to the supreme court.

From the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, the appellant, was indicted and tried for the murder of Joseph Hagan, was convicted of manslaughter and sentenced to the penitentiary for a term of years, and appealed to the supreme court. The killing occurred in Tazoo City at the close of a heated municipal election. The testimony was sharp and conflicting.

From the circuit court of Tate county. Hon. James B. Boothe, Judge. Allen, the appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. Held: in the case of tVicksburg, etc., Go. v. Marlett, 78 Miss., 872 (s.c., 29 South. Bep., 62), that punitive damages are recoverable only where the acts complained of are characterized by malice, fraud, oppression or willful wrong, evincing a disregard of the rights of others.

From the circuit court of Attala county. Hon. J. T. Dunn, Judge. Mrs. Smith, administratrix of the estate of George W. Smith, deceased, was the plaintiff in the court below; Eubanks, the appellee, was defendant there. From a judgment in favor of defandant the plaintiff appealed to the supreme court.

From the circuit court of Marshall county. TIon. James B. Boothe, Judge. Adams, state revenue agent, appellant, was plaintiff in the court below; Sigman, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court.

From the circuit court of Jones county. Hon. Robert L. Bullard, Judge. Held: when the offenses were committed. When the appellants filed their sworn answers denying the allegations of the information in the two cases, they were entitled to a discharge. In support of this proposition we submit the following authorities: In vol. 4, Ency.

From the chancery court of Clarke county. Hon. James L. MoCaskill, Chancellor. Adams, state revenue agent, appellant, was complainant in the court below; Stonewall Cotton Mills, a corporation, the appellee, ivas defendant there. From a judgment in defendant’s favor, dismissing the bill, complainant appealed to the supreme court. The bill was filed originally against the Stonewall Manufacturing Company and the present appellee for the collection pf alleged delinquent taxes.