Volume 91 — Mississippi Reports

From tbe circuit court of Leake county. Hon. James B. Byrd, Judge. Held: in Ligón v. Spencer, 58 Miss., 37, a mere right or chose in action. When the sheriff and commissioners have fully complied with the law, they shall make their report to the court, which shall be recorded. Code 1857, p. 470, art. 173.

Erom the circuit court of, second district,' Coahoma county. EIon. Samuel C. Cooic, Judge. McKay, appellee, was-.plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The case is similar to that of Yazoo, etc., R. R. Oo. v. Blum, 89 Miss., 242, 42 South., 282.

From the circuit court of Claiborne county. Hon. John N. Bush, Judge. Mackguire, the appellant, a negro, was indicted and tried for forgery, was convicted and sentenced to the penitentiary for five years; and appealed to the supreme court. .

From the circuit court of Claiborne county. Hon. John N. Bush, Judge. William Scott, appellant, a negro, was indicted, tried and convicted of forgery, sentenced to the penitentiary for five years; and appealed to the supreme court. The case is a companion one to the case of Maclcguire v. State, Ante, 151. As in the Maclcguire case, a demurrer was interposed to the indictment and overruled.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Sanford, appellant, a negro girl, was convicted by the municipal court of profanely swearing in a public place in the city of Corinth in the presence of two or more persons, a misdemeanor, and appealed to the circuit court; being again tried there, convicted and fined, she appealed to the supreme court.

Prom the circuit court of Union county. IIon. James B. Boothe, Judge. Dalton and another, the appellees, were indicted for grand larceny, and demurred- to the indictment. The trial court sustained the demurrer and the state appealed to the supreme court.

From, the circuit court of, first- district, Hinds county. Hon. Robert L. Bullard, Judge. Held: without deviation or shadow of turning, that where, even by mistake, a less rate than the public tariff sheet discloses, has been quoted the contract to carry at such less rate is void, because a violation of the Interstate-Commerce Act. 4 Elliott on Railroad, § 1565, page 24-34, note 2, and cases cited. 8.

Prom; tlie chancery court of Warren county. How. J. S. Hicks, Chancellor. The State, appellee, was complainant in the court below; the Securities Company, appellant, was defendant there. Prom a decree in complainant’s favor defendant appealed to the supreme court. The opinion of the court states the facts of the case. [The briefs of counsel have been misplaced, and have never come to the hands of the reporter.]

From the circuit court of Warren county. Hon. Oliver W. Catchings, Judge. The Merchants & Planters Packet Company, appellant, was plaintiff in the court below, and Streuby, appellee, defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court.

<p>From the circuit court of TJnion county.</p> <p>Hon. James B. Boothe, Judge.</p> <p>Hall, appellant, was tried and convicted before a justice of the peace for the unlawful sale of intoxicants. He appealed to the circuit court, and from a conviction and sentence there, to the supreme court.</p> <p>The transcript of proceedings in the justice’s court showed no affidavit nor other charge against- appellaht.</p> <p>Appellant, in the supreme court, assigned for error the refusal of the circuit court to set aside the verdict because no crime was charged against him either by affidavit or indictment.</p> <p>The judgment of the' lower court should be reversed, and the cause dismissed, because, so far as the record here discloses, neither the justice of the peace, before whom the case began, nor the circuit court on appeal, had any jurisdiction to try appellant. No affidavit is shown in the record on which a prosecution can be based. Certainly, the crime was not committed in the presence of the-court that tried. It must be held that the entire prosecution was begun, and rested alone, on the deposition of a witness of the state, taken ex parte before the justice of the peace. It is true, that the justice of the peace, in his testimony in this case before the circuit court, said that the deposition of this witness for the state, “was the first we could get in court, and as soon as he testified and retired, the deputy sheriff left with the affidavit; I wrote the affidavit.” Such testimony was, however, promptly objected to as parol testimony, attempting to show what the record on appeal alone should show. The justice of the peace evidently referred in his testimony to the writ or warrant for the arrest of appellant, when he used the word, “ affidavit ”; for he would naturally have placed the warrant for arrest, but not the affidavit, in the hands of the deputy sheriff. Moreover, the justice of the peace testified that he issued further writs for the arrest of appellant.</p> <p>The copy of the record of proceedings before the justice of the peace, filed on appeal in the circuit court, is as follows:</p> <p>“ Copy of Record of the Proceedings before me, W. J. Robbins, a Justice of the Peace of Union County, in the case therein set forth: Union County v. Rafe Mall. Retailing. Warrant issued 14th day of July, 1906. Another one issued Oct. 15, 1906, to Chickasaw County, returnable Nov. 10, 1906. This day this cause came on to be heard, and after hearing the testimony, it is the judgment of the court that the defendant, Rafe Hall, is guilty as charged, that he be fined fifteen dollars and all costs, and thirty days in jail, and stand committed to jail until final costs are pa[d.” This record is properly certified to by the justice of the peace.</p> <p>There is not one word in the above transcript showing the existence of any evidence charging the offense of retailing. The absence of an affidavit charging the offense in this case, was not discovered by the attorney for the defendant until after verdict; and was promptly alleged as a reason for new trial, but the court overruled the appellant’s motion to such effect. There can certainly be no "doubt that the failure to begin this prosecution xrpon an affidavit of information is fatal error, which cannot be cured at any stage of the proceedings on appeal.</p> <p>It is true, that § 27 of the state constitution, provides that the Legislature may, in cases of misdemeanor, dispense with inquest by the grand jury, and allow matters to be regulated by proper proceedings before the justices of the peace; and Code 1906, § 2749, gives justices of the peace jurisdiction of misdemeanors. But the jurisdiction of justices of the peace of a misdemeanor is only acquired by filing an affidavit of the commission of the crime. Code 1906, § 2750.</p> <p>In the case of Bigham v. State, 59 Miss., 529, this court held, in a case analogous to this, that an affidavit was the proper basis of the prosecution of appellant, and essential to confer on the justice of the peace jurisdiction of the defendant and of the crime.</p> <p>It is, of course, conceded by the state that unless an affidavit was made against the appellant in the justice court, neither the justice of the peace, nor the circuit court, had any jurisdiction to try the defendant for any misdemeanor. Ball v. Sledge, 82 Miss., 747; Polk v. Town of Seminary, 89 Miss., 293; 42 South., 128.</p> <p>This court is, however, precluded from reversing the judgment in any case for any error of omission in the trial court, except such as are jurisdictional in character, unless the record shows that the errors complained of, were made ground of special exception in that court. The effect of Code 1906, § 4936, is to establish the presumption in the supreme court, in every criminal case, that the judgment of the circuit court is correct, and it must be affirmed unless the appellant shows that he complained in the court below in the particular matter wherein he assigns error in this court. Appellant cannot complain in the supreme court for the first time, that there is no indictment or affidavit in the record, Spivey v. State, 58 Miss., 743. If there was actually no affidavit, showing a charge against appellant, he did not complain of .the absence thereof in the lower court. He did complain that there was no crime charged; making such complaint, however, not in arrest of judgment, but on motion for a new trial. But considering the motion as being for arrest of judgment, and as pointing to the loss of the affidavit, it came too late. Short v. State, 82 Miss., 473.</p> <p>It does not affirmatively appear from the record that an affidavit had not, in fact, been made, and it does not appear, except by reason of the absence of such proof from the record, that the affidavit was- not actually on file in the circuit court. Its absence should have been affirmatively shown or accounted for. Oalhoun v. State, 86 Miss., 553.</p> <p>The case of Bigham v. State, 59 Miss., 529, cited by learned counsel of appellant, is not in point. The appellant there pleaded former conviction, and it became encumbent upon him to show the conviction. The record of the court of the justice of the peace, which he did present as sustaining his plea of former conviction, showed affirmatively that there had not been any affidavit made against him, nor any charge against him lodged with the justice of the peace.</p> <p>If, however, the court should hold that there was no proper affidavit, and the judgment must be reversed, it is submitted, that reversal should be had without prejudice to the subsequent bringing against appellant of any charge founded on a proper affidavit.</p>

From the circuit court of, second district, Hinds county. Hon. David M. Miller, Judge. Dennis, appellant, was indicted and tried for the murder of John T. White, convicted, sentenced to suffer death and appealed to the supreme court.

Erom the circuit court of Lincoln county. LIon. Hoyse H. Wilkinson, Judge. Mrs. Emmerson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. Appellee sued the appellant company to recover damages for her husband’s death resulting from injuries received while he was the conductor of a wrecking train of the company.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Day, the appellant, a negro, was indicted and tried for unlawfully selling intoxicants, was convicted, sentenced to the county jail for thirty days, fined $200, and appealed to the supreme court. The appellant assigned as error certain rulings of the court below on objections made during the introduction of’ the testimony, but his motion for a new trial did not bring them into review.

From the chancery court of Claiborne county. Hon. William P. S. Ventress, Chancellor. Haring and others, appellant, were complainants in the court below; Flowers, the appellee, was defendant there. From a decree denying them relief complainants appealed to the supreme court. The purpose of the suit was to set aside a conveyance made by Eliza J. Haring under which the appellee claimed the land in controversy.

From the circuit court of, second district, Panola county. Hon. James B. Booti-ie, Judge. Moore, the appellant, was indicted for perjury, tried, convicted and sentenced to the penitentiary for ten years, and appealed to the supreme court.

From; the circuit court of Warren county. Hon. John N. Bush, Judge. McCoy, appellant, and one Douglas were jointly indicted for the murder of one Bussell. A severance being had, appellant was tried and convicted of manslaughter, sentenced to the penitentiary for fifteen years, and appealed to the supreme court. The opinion of the court states the facts.

<p>1. Justice of the Peace. Certiorari. Amendment.</p> <p>A petition for certiorari, predicating the right to the writ of designated alleged errors of the justice of the peace court, may be amended in the circuit qourt so as to make an additional error the basis of the demand for the writ.</p> <p>2. Same. — Action of tort. Judgment Try default. Writ of inquiry.</p> <p>A justice of the peace should not, upon the failure of a defendant to appear and defend in an action sounding in tort, render a judgment for a sum in gross, without evidence showing the extent of damages sustained by the plaintiff, but should'award a writ of enquiry.</p> <p>3. Railroads. Live stock. Failure to fence track.</p> <p>The laws not requiring a railroad company to fence its right of way or tracks, a recovery of damages for live stock killed on the track cannot be predicated alone of the fact that defendant’s fence was insecure.</p> <p>4. Same. Negligence.</p> <p>Where live stock strayed upon a railroad track and were killed by a train running at a lawful rate of speed, the railroad company is not liable therefor in the absence of negligence on the part of its employes in charge of the train.</p>

From the circuit court of Newton county. Hon. Geo. H. Ethridge, Special Judge. Held: would not this amendment appearing in the Code of 1906 operate as a repeal of the fellow servant rule in every case where the statute could be applied and the presumption indulged ?

From the circuit court of Tippah county. Hon. James B. Boothe, Judge. Presley, appellee, was indicted, tried and convicted of rob' bery. His motion in arrest of judgment, however, was sustained and a judgment rendered by the trial court discharging him from custody. From this judgment the State appealed to the supreme court. The indictment is for robbery and was manifestly drawn under § 1361 of the Code which is the same as the common law definition of the offense.

From the circuit of Leake county. Hon. Lames E. Byrd, Judge., Tate, appellant, a negro, was indicted, tried and convicted for the unlawful sale of intoxicants, fined, sentenced to jail, and appealed to the supreme court. Appellant was tried in his absence, the charge being a misdemeanor, and there were but two witnesses, only one of whom, Manuel Lindsey, was able to testify to the facts of the case.

From the circuit court of Leflore county. Hon. Sidney M. Smith, Judge. Mrs. Conithan, appellant, was plaintiff in the court helow; the insurance company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The suit was on a fire insurance policy upon plaintiff’s furniture destroyed by fire. The opinion of the court states the facts.

From the circuit court of Lamar county. IIon. William II. Cook, Judge. Leake, appellant, was plaintiff in the court below, the railroad company, appellee, • was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction,' plaintiff appealed to the supreme court.

Prom the circuit court of Jefferson county. Hon. Moyse H. Wilkinson, Judge. Anderson, appellant, and another were jointly indicted for the murder of Samuel Libowitz. A severance being granted, appellant was tried convicted, sentenced to suffer death and appealed to the supreme court. The appellant, a negro, was convicted on circumstantial evidence, and admissions made by him shortly after the homicide; he did not testify in the, case.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Saul and others, doing business under the copartnership name of Saul Brothers & Company, appellees, were plaintiffs in the court below, and Greenburg, appellant, was defendant there. From a judgment in favor of plaintiffs, predicated of a peremptory instruction, defendant appealed to the supreme court. The suit was for a balance on indebtedness for merchandise purchased by defendant from plaintiffs.

From the circuit court of Hancock county. Hon. William H. FIardy, Judge. Hancock county, appellee, was plaintiff in the court below; Mitchell and others, appellants, defendants there. Held: contracted to do the thing whose non-performance made the breach, and, moreover, that it was so written in the contract. The true rule is that if the moving party writes the obligation into his contract, he must perform it; but otherwise the law will not compel him to do so.

From the chancery court of, first district, Hinds county. Hon. G. Garland Lydell, chancellor. Held: that J took a vested remainder under the will; that the remainder was limited by the will to the heirs of the body of B surviving at his death, and not to those surviving at the death of the life tenant.” Now we submit that we have proved our proposition (that there is not a Mississippi authority opposed to this position taken by us…

From the chancery court of, first district, Hinds county. Hon. G. Garland Lyell, Chancellor. The city of Jackson, appellee, was complainant in the court below; the Edwards House Company, a hotel corporation, appellant, was defendant there. From a decree overruling its demurrer to complainant’s bill, defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of, first district, Hinds county. Hon. Robert L. Bullard, Judge. Shannon, appellee, was plaintiff in the court below, and the Telegraph Company, appellant, defendant there. From a judgment in plaintiff’s favor for the full sum demanded, defendant appealed to the supreme court.

From the chancery court of, first district, Bolivar county. Hon. Percy Bell, Chancellor. The Board of Mississippi Levee Commissioners, appellant, was complainant in the court below; the Refuge Cotton Oil Company, appellee, was defendant there. From a decree dismissing the suit complainant appealed to the supreme court.

From the circuit court of Yazoo county. Hon. David'M. Miller, Judge. Wallace, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, the defendant appealed to the supreme court. On a former appeal a judgment in favor of plaintiff was reversed and the cause remanded for new trial. The case is reported, Yazoo, etc., B. B. Co. v. Wallace, 90 Miss., 609.

From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. McGuiggan and her two children, appellees, were complainant in the court below, and Mrs. O’Reilly, the appellant, defendant there. From a decree in favor of the complainants the defendant appealed to the supreme court.

Erom the chancery court of Newton county. Hon. James L. McCaskill, Chancellor. Weatherford, appellee, was complainant in the court below; the oil company, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, first district, Hinds county. Hon. Robert L. Bullard, Judge. Lewis, appellant, a negro, was indicted, tried and convicted of robbery, sentenced to the penitentiary for eight years, and appealed to the supreme court. The opinion of the court sufficiently states the facts. The court below erred in not sustaining appellant’s motion to quash the indictment.

From the circuit court of Tate county. Hon. James B. Boothe, Judge. Farrow, appellant, a negro, was jointly indicted with another negro for the murder of a white man. Appellant was tried separately, convicted, sentenced to suffer death, and appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Lawrence county. Hon. Eobert L. Bullard, Judge. The state, on the relation of the attorney-general, appellant, was plaintiff in the court below; Armstrong, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to plaintiff’s petition for a quo warranto and dismissing the suit plaintiff appealed to the supreme court.

From the circuit court of Madisou county. Hon. David M.! Miller, Judge. Mrs. Shuler, executrix, appellant,' was plaintiff in the court below; one Luke T. Murphy was defendant and Miss Murphy and another, the appellees, were claimants there. From a judgment in claimants’ favor the plaintiff appealed to the supreme court.

From the circuit court of Attala county. Hon. Joseph T. Dunn, Judge.

From the chancery court of Yazoo county. Hon. G. Garland Lyell, Chancellor. Love, the appellant, was complainant in the court below; Yazoo City, appellee, was defendant there. The purpose of the suit was to enjoin the issuance of municipal bonds. From a decree sustaining the defendants’ demurrer to the bill of complaint and dismissing the suit, complainant appealed to the supreme court.

From the circuit court of, first district, Panola county. Hon. James B. Boothe, Judge. Irby, the appellant, was tried and convicted for unlawfully selling whiskey, fined $50, sentenced to jail for sixty days, and appealed to the supreme court. The affidavit charging the offense was made before the mayor of the town of Sardis, Panola county, an ex-officio justice of the peace of the county and was in the following words: “ State of Mississippi, Panola County.

From the circuit court of Lauderdale county. IIon. Robert F. Cochran, Judge. Murray, appellee, was plaintiff in the court helow; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor, defendant appealed to the supreme court. This case has been three times before the supreme court. Southern R’y Go. v. Murray, 39 South., 478; Ibid., 42 South., 1047.

From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. Mrs. Kornegay, the appellant, was plaintiff in the court below; the Georgia State Building and Loan Association, a corporation, 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, first district, Yallobusha county. Hon. Samuel O. Cook, Judge. Waller, appellant, was indicted and tried for the murder of one Jerry Eoseman, convicted of. manslaughter, sentenced to the penitentiary for five years, and appealed to the supreme court. He sought a reversal of the conviction principally because of alleged error in two instructions granted for the state. The opinion of the court states the facts.

From the circuit court of Harrison county. Hon. •William H. Hardy, Judge. The appellants, Gr. Held: in Native Lumber Go. v. Harrison Qounty Board, of Supervisors, 89 Miss., 171; 42 South., 665, that the duty of canvassing the votes in a county political election such as is here involved was committed exclusively to the board of election commissioners, and that the duty of declaring the result of the election was committed to the…

From the circuit court of Coahoma county. Hon. J. H. Wynn, Judge. Held: resulting, as was understood, in a majority of the votes being cast against the removal, but - before the result was officially declared the plaintiff began this suit for a writ of prohibition to prevent the election officers declaring the result and a mandamus to require the board of supervisors to order and cause to be held another…

From: tbe circuit court of Harrison county. Hon. William H. Hardy, Judge. Held: with any more degree of certainty than it could have done had the board of supervisors promptly declared the result and built a courthouse at McHenry ?

From the Circuit Court of Lauderdale County. Hon. Robert F. Cooiiran, Judge. The Melton Hardware Company and others, appellants, were the respective plaintiffs in three separate suits in the court below; one Pool was the defendant .and Mrs. Heidelberg, appellee, garnishee in each of them. From a judgment in favor of Mrs. Heidelberg on a traverse by the respective plaintiffs of her separate answers as garnishee, the plaintiffs appealed to the supreme court.

Prom the chancery court of Washington county. Hon. Percy Bell, Chancellor. The Citizens’ Bank of Greenville, the appellant, was the complainant in the court below, the appellee, Kretschmar, re ceiver of the Merchants’ & Planters’ Bank of Greenville, was defendant there. From a decree denying an equitable set-off against the receiver, the complainant appealed to the supreme court.

From the circuit court of Warren county. Hon. John N. Bush, Judge. Booth, appellee, was plaintiff in the court below; Green, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Appellee claimed that appellant gave him a written option to purchase certain land, and at the same time entered into an oral contract to pay him five per cent commissions if he should sell the property in question.

Erom tbe habeas corpus judgment of How. Eugene O. Sykes, Circuit Judge, sitting in vocation at Aberdeen, Monroe county. The relator was remanded to custody and appealed to tbe supreme court. The facts are stated in tbe opinion of tbe court.

From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state, suing on the relation of Garrard Harris, district attorney, appellee, was plaintiff in the court below; Cole, insurance commissioner, appellant, was defendant there.

From the circuit court of Lafayette county. Hon. James B. Boothe, Judge. Smith, appellant, having been convicted in the municipal court of Oxford of unlawfully selling intoxicants, appealed to the circuit court; was there tried, convicted and sentenced for the offense charged, and appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Lee, appellee, was plaintiff in the court below; Mrs. Richards, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. Plaintiff sued defendant in ejectment; defendant pleaded not guilty, and demanded a bill of particulars of plaintiff’s title to the land in question.

From the circuit court of Lauderdale county. LIon. Robert F. Cochran, Judge. The state of Mississippi, suing by the district attorney, on the relation of the police commission of Meridian, appellee, was plaintiff in the court below in each of the cases. Thompson, appellant in one of the cases, and Monette, appellant, in the other, were defendants there in the respective suits.

From the chancery court of Quitman county: Hon. Percy Bell, Chancellor. Freemans, appellant, was complainant in the court below Ammons and others, appellees, were defendants there. From a decree dissolving an injunction the complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Alcorn county. Hon. John Q. Kobins, Chancellor. The Coca-Cola Company, a non-resident corporation, and certain merchants of Corinth, Miss., appellants, were complainants in the court below, and Skillman, Tax Collector of Alcorn county, appellee, defendant there.

From the circuit court of Leflore county. Hon. Sidney M. Smith, Judge. Post and another, doing business as general agents of the Mutual Life Insurance Company, under the copartnership name of Post & Bowles, the appellees, were plaintiffs in the court below; White, the appellant, was defendant there. The suit was in assumpsit on a promissory note. From a judgment in plaintiff’s favor, defendant appealed to the supreme court.

From the chancery court of, first district, Tallahatchie county. Hon. Percy Bell, Chancellor. The Lamb Hardwood Lumber Company, a corporation, appellee, was complainant in the court below; Bainey, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. The purpose of complainant’s bill was to cancel a tax title claimed by Bainey to certain land.

Erom tbe circuit court of Lamar county. Hon. William H. Cook, Judge. Howze, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

From the circuit court of Covington county. ILon.- Robert L. .Bullard, Judge. Gibson, appellant, was plaintiff in the court below; the lumber company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. The suit was for damages because of the destruction of plaintiff’s property by fire, alleged to have been wrongfully set out by defendant.

From: the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, appellee, was plaintiff in the court court below; Johnson, appellant, was defendant, there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Harrison county. LIon. William H. Hardy, Judge. The State Life Insurance Company, appellee, was plaintiff in the court belqw; Young, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The suit was on a promissory note given for a premium on a life insurance policy. The opinion of the court states the facts of the case.

Prom the circuit court of Calhoun county. I-Ion. Joseph T. I)unn, Judge. Phillips, appellant, a negro, was indicted, and convicted of the murder, sentenced to death, and appealed to the supreme court. The murder was proved, and the only ground for reversal of the judgment urged in the supreme court was the action of the trial court in sustaining the district attorney’s objection to the argument to the jury made by counsel for defendant.

Erom the circuit court of Jefferson Davis county. Hon. Wíley H. Potter, Judge. Bozeman, appellant, was plaintiff in the court below; Laird, appellee, defendant there. Erom a judgment in defendant’s favor plaintiff appealed to the supreme court. The county of Jefferson Davis was created in 1906; an election was held in the new county in July of that year and county officers were elected to hold their offices until January 1, 190.8.

From the circuit court of Banian county. Hon. James B. Byre, Judge. Mrs. Barron, appellee, was plaintiff in the court below; the insurance company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

From the circuit court of Leflore county. ILon. Sidney M. Smith, Judge. Held: with reference to meetings of the board of supervisors that meetings of boards of supervisors, not affirmatively shown to have been not according to law, are presumed to have been legal. We call attention to Williams v. Carmack, 27 Miss., 220.

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

Erom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Johnson, appellee, was plaintiff in the court below; the Naval Stores Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion of the court states the facts. Code 1906, § 4983, referred to in the opinion, the statute upon which the recovery was based, is as follows: “ Boxing Pine Trees.

Prom the circuit court of Pearl Biver county. Hon. William H. Cook, Judge. Batson, appellee, was plaintiff in the court below; Alfred and another, appellants, were defendants there. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The case is fully stated in the opinion of the court.

From the circuit court of Newton county. IIon. James R. Byrd, Judge. Held: in Roane v. Matthews, 75 Miss., 94; s.c., 21 South., 665, that the marshal of a town, who was entitled to hold over could oust by quo warranto one whose induction into office was illegal because he was not a qualified elector at the time of his election. The old incumbent was one Tunstall.

From the circuit court of, second district, Choctaw county. Hon. Joseph T. Dunn, Judge. Carr, appellee, was the plaintiff in the court below; Gihson, appellant, and one Williams, members of the partnership styled “ Gibson & Williams,” were defendants there. From a judgment in plaintiff’s favor against the two defendants, Gibson alone appealed to the supreme court.

From; the circuit court of TIarrisou county. Hon. William H. Hardy, Judge. Madame De Silva, appellant, was indicted and tried for assault and battery upon Margaret Harvey, the prosecutrix, convicted and sentenced to pay a fine of five dollars and costs, and appealed to the supreme court.

Erom the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Held: at a very early date in the history of Mississippi jurisprudence, that courts of equity would interpose, where legal questions were involved, to prevent a multiplicity of suits, as, for instance, where the subject matter of the contest is held by one person in opposition to a number of other persons who controvert his right and whose…

From the circuit court of, second district, Jones county. Hon. Robert L. Bullard, Judge. Emil Nathan and another, co-partners, appellants, were plaintiffs in the court below; Halsell, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiffs appealed to the supreme court. The opinion of the court states the facts.

From the chancery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Grant, appellee, was complainant in the court below; Bierce and others, appellants, were defendants and cross-complainants there. From an interlocutory decree sustaining Grant’s demurrer and dismissing appellants’ cross-bill they appealed to the supreme court. Grant, appellee, moved to dismiss the appeal because from an interlocutory decree and not authorized by Code 1906, § 35.

From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Boone and another, appellants, were complainants in the court below; Wells and others, appellees, were defendants there. From a decree sustaining defendants, demurrer to the amended bill and dismissing the suit, complainants appealed to the supreme court. The appellants sought confirmation of a tax title .to land.

Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The state of Mississippi by its attorney-general, on the relation of James. Held: not on January 1, 1908, but on the day preceding, that is, the day -before the vacancy occurred. If the former board could anticipate the vacancy by one day, they could have done it by one or two or ten months.

Erom the chancery court of Pike county. Hon. J. S. Hicks, Chancellor. Bacot and others, copartners doing business under the firm name of Atkinson Bacot Co., appellants, were complainants in the court below; Vamado and others, appellees, were defendants there. Erom a decree awarding complainants relief in part they appealed to the supreme court and the defendants prosecuted a cross-appeal.

From tbe circuit court of Smith county. Iíon. Robert L. Bullard, Judge. Windham, appellant, was indicted and tried for the murder of Saloney Ainsworth; was convicted of manslaughter, and sentenced to the penitentiary for a term of six years and appealed to the supreme court. The opinion of .the court states the facts.

From the circuit court of Harrison county. How. William H. Hardy, Judge Lohrey, appellant, was indicted, tried and convicted of grand larceny, sentenced to the penitentiary for two years, and appealed to the supreme court. The opinion of the court states the facts. If the testimony of the appellant is to be believed, he committed no crime, but was the lawful custodian of Wallace’s money on the occasion in question.

Erom the order of Hon. G. Garland Lyell, chancellor of the fifth district, sitting in vacation for the hearing of a writ of habeas corpus at Jackson, Hinds county. * Dennis, having been indicted for the murder of John T. White, arrested and placed in custody, applied for and was granted bail. Subsequently he was tried, convicted, and appealed to the supreme court, where the judgment of the trial court was reversed and the supreme court granted him a new trial.

From the circuit court of Adams county. Hon. Motse Wilkinson, Judge. Field, appellant, was plaintiff, and Newhurn, appellee, was defendant in the court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court.

From the circuit court of, first district, Carroll county. Hon. Joseph T. Dunn, Judge. Madame Wingo, appellant, was indicted and tried for and convicted of manslaughter, the killing of her husband, sentenced to the penitentiary for three years, and appealed to the supreme court. The charge was that appellant killed her husband by hitting him on the head with an axe. No third person witnessed the killing.

From the circuit court of Tunica county. Hon. Jeeeerson F. Barbour, special judge. Jones, appellant, a negro, was indicted and tried for murder, convicted and sentenced to the penitentiary for life and appealed to the supreme court. The deceased, Thomas Smith, a negro, was found dead, having heen shot in the head.

Prom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Marigny, appellee, was complainant in the court helow; Mrs. Taltavall, appellant and another were defendants there. Prom a decree in complainant’s favor Mrs. Taltavall appealed to the supreme court.

From the chancery court of Leflore county. Hon. Percy Bell, Chancellor. Kimbrough and others, appellees, were complainants in the court below; Caldwell and others, appellants, were defendants there. From a decree overruling a motion to dissolve an injunction defendants appealed to the supreme court. The facts are stated in the opinion of the court.