Volume 92 — Mississippi Reports

From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. O’Reily, appellant, was complainant in the court below ; Laughlin, and another, executors of the will of John R. M. O’Reily, deceased, were defendants there. The object of the proceeding was to have complainant’s share in the estate of her deceased husband determined, she having renounced his will and elected, to take under the statute.

Erom tbe chancery court of, second district, Hands county. Hon. G. Garland Lyell, Chancellor. Gibbes, appellant, was complainant in the court below; Mrs. Watson, appellee, was defendant there. From a decree sustaining a demurrer to certain features of the bill complainant appealed to the supreme court and from the same decree in so far as it overruled the demurrer to other features of the bill the defendant prosecuted a cross-appeal.

Prom the, judgment of Hon. G. Gardand Lyedd, Chancellor, on habeas corpus, admitting Chester Burden to bail.

Erom: the circuit court of, second district, Coahoma county. Hon. Samuel O. Cook, Judge. Evans, appellant, was convicted before a justice of the peace on a charge of shooting in a public highway, appealed to the circuit court, and from the judgment of that court dismissing his appeal and awarding a writ of procedendo appealed to the supreme court.

Erom the circuit court of Harrison county. Hon. William: H. Hardy, Judge. Dedeaux, appellant, was plaintiff in the court below, and King, appellee, defendant there. Erom a judgment sustaining defendant’s demurrer to the declaration and dismissing the case plaintiff appealed to the supreme court. The opinion of the court states the facts.

From tbe Chancery Court of Quitman county. Hon. Cary C. Moody, Chancellor. Anderson, appellee, was complainant in the court below; MeLemore and others, appellants, were defendants there. From a decree dismissing defendants’ cross-bill, the complainant having-voluntarily dismissed the original bill, the defendants appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of Madison county. Hon. David M. Miller, Judge. The town of Flora, in Madison, county, the appellant, was the plaintiff in the court below, and the American Express Company, appellee, defendant there. From a judgment in defendant’s-favor, plaintiff appealed to the supreme court.

Nrom the circuit court of Calhoun county. Hon. J. T. Dunn, Judge. Williams, appellant, was indicted and tried for the seduction of Nanny Carpenter, a female child over eighteen years of age, was convicted and sentenced to the penitentiary for one and one-half years, and appealed to the supreme court. The indictment was based on Code 1892, § 1298 (Code 1906, § 1372), quoted in the opinion of the court. The testimony for the state made out a strong prima facie case of guilt.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Isom, the appellee, was plaintiff in the court below, and the Southern Railway Company, the appellant, was defendant there. From a judgment in favor of the plaintiff the defendant ajk pealed to the supreme court.

From the circuit court of, second district, Perry county. Hon. W. H. Oook, Judge. Simpson, appellant, was plaintiff in the court below, Goodman, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. ¡ In February, 1906, Simpson, appellant, a life insurance agent, solicited insurance from Goodman, appellee, and received his application for a policy of insurance on his life.

From the circuit court of Lamar county. Hon. W. H. Cook, Judge. Shows, appellant, was indicted and tried for unlawfully sell- ' ing intoxicants, convicted and sentenced to payment of fine and imprisonment, and appealed to the supreme court. When the case was called for trial, appellant, although aware that one of his witnesses, Grates, was not present, stated that he would “waive the presence of this absent witness,” and announced ready for trial.

From the chancery court of, first distinct, Hinds county. Hon. G. Garland Lyell, Chancellor. Held: in Jones v. Rogers, 85 Miss., 802, 88 South., 742, that in a Hnited States’ marshal’s sale it was necessary that the county should be stated in description. This however was because the marshal had the legal right to sell land in several different counties.

From the circuit court of Lauderdale county. Hon. O. C. Dunn, Special Judge. Ferrell, appellee, was plaintiff in the court below; the Assurance Society, appellant, was defendant there. From a judg- ■ ment 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 Pike county. Hon. Moyse H. Wilkinson, Judge. Morgan, appellee, was plaintiff in the court below, and the telegraph company, appellant, defendant there. From a judgment in plaintiffs favor defendant appealed to the supreme court. Plaintiff sued the defendant company, demanding $1,997 damages for defendant’s alleged failure to deliver him a prepaid telegram announcing the death of his brother.

Erom tbe chancery court of Copiah county. Hon. G-. Garland Lyell, Chancellor. Haley, executor of the will of Moses Marx, deceased, appellee, was complainant in the court below, and Mrs. Marx, appellant and others were defendants there. From a decree adverse to Mrs. Marx she appealed to the supreme court.

From: the chancery court, Warren county. Hof. J. S. Hicks, Chancellor. Laughlin, surviving executor, appellant, was complainant in ■■the court below. Mrs. O’Reiley, appellee, was defendant there. From a decree sustaining a demurrer to the bill complainant appealed to the supreme court. Gordon v. James, 86 Miss., 719, 39 South., 18,1 L. R. A. (N. S.), 461; 21 Enc. Law (2d ed.), pp. 1134, 1156; Hall v.. Reese’s Heirs, 24 Tex. Oiv.

Prom the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Payne, the appellee, was plaintiff in the court below, and the railroad company, the appellant, was defendant there. Prom a judgment in favor of the plaintiff the defendant railroad company appealed to the supreme court.

Erom the circuit court o-f Wilkinson county. Hon. Moyse H. Wilkinson, Judge. Elijah J. Washington, administrator of the estate of William Washington, deceased, and the widow and infant children of the decedent, appellees, were plaintiffs in the court below; and the railroad company, appellant, defendant there. Erom a judgment in plaintiffs favor, defendant appealed to the supreme court.

From the circuit court of Smith county. Hon. Bobert L. Bullard, Judge. Held: under this statute, where the prisoner was indicted for shooting with intent to kill A., that he could not be convicted by proof ■of shooting with intent to kill B.” This opinion cites Morgan V. State, supra.

Prom; the circuit court of, first district, Panola county. Hon. James B. Boothe, Judge. ^ Carrier & Son, a corporation, the appellee, appealed from an order of the board of supervisors approving an assessment of it& personal property for taxation, and was-plaintiff in the circuit court; Panola county, appellant, was defendant there. Prom a judgment in plaintiff’s favor, the county appealed to the supreme court.

Q?rom the chancery court of Tate county. ■Hon. Isaac T. Blount, Chancellor. Eush, the appellant was complainant in the court below; and 'Pearson, the appellee, and A. W. Sliands, as cestui que trust and trustee respectively in a deed of trust executed by Eush, were defendants there. From a decree unfavorable to the complainant he appealed to the supreme court.

From the chancery court of I^eHore county. Hon. Percy Bell, Chancellor. Johnson, appellant, was complainant in the court below; Mrs. Bacon and others, appellees, were defendants there. From a decree on a demurrer to the bill in favor of, but not satisfactory to, complainant, he appealed to the supreme court.

From the chancery court of Grenada county. Hon. Julian O. Wilson, Chancellor. Mrs. Sarah Barksdale and others, appellants, were complainants in the court below, and Mrs. Weet Barksdale, appellee, executrix and sole devisee under the will of her deceased husband, John H. Barksdale, was defendant there. From a decree in defendant’s favor dismissing the bill, complainants appealed to the supreme court. In 1903, Hickerson II.

From the circuit court of Webster county. Hon. J. T. Dunn, Judge. Drane, appellant, was jointly indicted with Bud Bums for the murder of Jeff Harden; all parties were negroes. A severance being granted, appellant was tried separately, convicted, sentenced to the penitentiary for life, and appealed to the supreme court. .

From the circuit court of Lamar county. Hon. William H. Cook, Judge. Fillingame, and anóther, appellees, were plaintiffs in the court below, and Hand, appellant, defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. Plaintiffs’ suit was in trespass for timber cut and removed by the defendant from realty which he had previously sold them.

From the chancery court of Harrison county. Host. Thaddeus A. Wood, Chancellor. McGee, appellee, was complainant and Greve, appellant, defendant, in the court below. From a decree adjudged to be interlocutory Greve appealed to the supreme court.

From the chancery court of dackson county. Hon. Tiiaddeus A. Wood, Chancellor. Zeigler, appellee, was complainant in the court below, and •Catchot, appellant, was defendant there.

From the chancery court of Perry county. Hon. Thaddeus A. Wood, Chancellor. McDaniel and others, appellants, citizens and tax payers of Perry county were complainants in the court below; Hurt and others, appellees, election commissioners of the county, were defendants there. The object of the suit was to enjoin the holding of a special election to fill a vacancy in the office of sheriff of the county.

Prom the circuit court of, second district, Perry county. Hon. Wihuiam H. Cook, Judge. Batson, appellant, was the plaintiff in the cdurt below, and Thompson and another, partners doing business under the partnership name, Thompson Land & Lumber Company, appellees, were defendants there. Prom a judgment in defendants’ favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

Hrom the circuit court of Yazoo county. Hon. David M. Miller, Judge. Murphy, appellant, was indicted for the murder of JosephHagan, was tried and convicted of manslaughter and appealed to the supreme court, where the conviction was reviewed and a new trial granted.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Pickens, appellant, was plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in favor of the railroad company the plaintiff appealed to the supreme court.

Prom tbe circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. Mrs. Wright, appellant, was plaintiff in the court below,Craig, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court. Oraig, appellee, as landlord, sued out an attachment for rent against M. A. Chambers and J. P. Wright, to- recover $350 rent for the Craig hotel building alleged to be due and in arrears..

From the circuit court of Tishomingo county. Hon. Eugene O. Sykes, Judge. Dickerson and others, appellants, were plaintiffs in the court below, and Tishomingo county, appellee was defendant there. Erom a judgment sustaining defendant’s demurrer to and dismissing the plaintiffs’ petition, plaintiffs appealed to the supreme court.

From the chancery court of Harrison county. Hon. J. O. S. Sanders, Special Chancellor. The Union Naval Stores Company, a corporation, appellee, was the complainant in the court below, and Gates and another, appellants were defendants there. From a decree in complainant’s favor defendants appealed to the supreme'court.

Prom the circuit court of Washington county. Hon. Sydney M. Smith, Judge. Spencer and others, appellants, were plaintiffs in the court below and Washington county, appellee, was defendant there. From a judgment in defendant’s favor plaintiffs appealed to the supreme court.

Prom tbe circuit court of 'Warren county. Hon. J. N. Bush, Judge. The Cudahy Packing Company, appellant, was plaintiff in the court below. One Louis Hibou, appellee’s intestate, was defendant there. Held: “An agreement to share in the net profits of a business is not a conclusive test of a partnership. The intent of the parties, if not consistent with the terms of the contract, will control.”

From the circuit court of Tunica county. Hon. Samuel C. Cook, Judge. Clemmons, appellant, and another were jointly indicted for the murder of Archibald Kogers. A severance being had, appellant was separately tried and convicted, sentenced to suffer death, and appealed to the supreme court. Archibald Kogers, a negro, was assassinated at night. Clemmons, appellant, and one Joseph Saunders, both negroes, were jointly indicted for the murder.

From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Sykes, appellant, a negro, was indicted and tried for the murder of another negro, George McIntosh, was convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The case was before the supreme court on a former appeal, and was remanded to the court below for a new trial. Syhes v. State, 89 Miss., 766, 42 South., 875.

From the circuit court of Hancock county. Hon. William H. Hardy, Judged Moseley, appellant, was indicted and tried for burglary, convicted and sentenced to the penitentiary for five years; and appealed to the supreme court.

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Foster, appellant, was jointly indicted with two others for the murder of Luther Bell. A severance was had and appellant separately tried, convicted and sentenced to suffer death and appealed to the supreme court. The decedent, Luther Bell, while traveling after dark along a private road, in a buggy with his wife and child, was shot from ambush and killed, the assassins escaping without being recognized.

From the circuit court of Amite county. Hon. Moysb H. Wilkinson, Judge. Nunnery, appellant, was plaintiff in the court below, and Ford, appellee, defendant there. From a judgment, directed by the court, in defendant’s favor plaintiff appealed to the supreme court.

Erom the chancery court of, first district, Chickasaw county.. Hon. John Q. Eobins, Chancellor. Hickman, appellee, was complainant in the court below;. Griffin, appellant, was defendant there. Erom a decree in complainant’s favor the defendant appealed to the supreme court. .The facts are stated in the opinion of the court.

Erom tbe circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Lasky, appellant, was plaintiff in tbe court below, and tbe Express Company, appellee, a common carrier, was defendant there. Erom á judgment in-defendant’s favor plaintiff appealed to tbe supreme court.

Erom the circuit court of Prentiss county. Hon. Eugene O. Sykes, Judge. Crittenden, appellant, was plaintiff in tbe court below; the town of Booneville appellee, was defendant there. The suit was by writ of prohibition. From a judgment denying plaintiff relief he appealed to the supreme court. • The facts are fully stated in the opinion of the court. [No synopsis of the briefs of counsel is given in this case because of the reporter’s inability to find them.]

From tbe circuit court of Olaiborue county. Hon. Thomas G. Birghett, Special Judge. Slaughter and wife, appellees, were plaintiffs in the court below, and the railroad company, appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The appellees sued the railroad company for recovery of damages because of the death of their infant son, Thomas Slaughter, who was drowned in a water tank of the railroad company.

JProm: tbe chancery court of, first district, Hinds county. Hon. G. Garland Lyell,. Chancellor.

Erom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Madame Smothers, appellant, was convicted in the police court of Jackson on the charge of unlawfully keeping for sale or barter intoxicating liquors within the city limits, and was fined $100 and costs. She appealed to the circuit court where she was tried and again convicted of the charge, the same fine being imposed; and from such conviction and sentence she appealed to the supreme court.

Erom the chancery court of Covington county. Hon. Thaddeus A. Wood, Chancellor. Covington County, appellant, was complainant in the court below; Collins, appellee, was defendant there. From a decree dissolving an injunction and dismissing the bill complainant appealed to the supreme court.

From the circuit court of, second district, Jones county. Hon. Bobert L. Bullard, Judge. Walter Shaw, an infant, suing by his father as next friend, appellant, was plaintiff in the court below, and the Laurel Oil & Fertilizer Company, appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court. In 1905 the plaintiff sued defendant company to recover for ' injuries received while an employe of defendant.

Erom the circuit court of Lamar county. Hon. William H. Cook, Judge. O’Connell, appellee, was plaintiff in the court below; Davis, appellant, was defendant there. The suit was an ejectment to recover lands purchased by the plaintiff at a sale under a deed of trust executed by defendant and his wife to the trustee in March, 1906, before the Code of 1906 became operative.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Tudge. Carl G. Caswell instituted replevin before a justice of the peace to recover from Mrs. Cena Patterson a diamond ring. Mrs. Euna Caswell intervened as claimant of the property, and was adjudged entitled to its possession.

From the chancery court of Lincoln county. Hon. G. Garland Lyell, Chancellor. Guy, appellee, was complainant in the court below; the lumber company, appellant, was defendant there. From a decree ■overruling a demurrer to the bill of complaint the court below .granted, and defendant prosecuted, an appeal to the supreme court-. The deed the construction of which was involved is as follows : “State of Mississippi, Lincoln county.

Er om the chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Mrs. Pearce, appellee, was complainant in the court below, ■and the Delta Trust & Banking Company and the American National Bank, banking corporations, appellants, were defendants there. Erom a decree in favor of the complainant the defendants appealed to the supreme court.

From the circuit court of Washington county. Hon. Sybney M. Smith, Judge. Kittle, appellant, was the plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Kittle recovered a judgment against the railroad company before a justice of the peace and the railroad company appealed to the circuit court.

From the chancery court of Issaquena county. Hon. Percy Bell, Chancellor. Mrs. Melsheimer, appellant, was complainant in the court below; McKmight, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. In 1890 Peter Middleton and wife executed a deed of trust, conveying the land in question, to secure Melsheimer, the husband of the appellant, for money borrowed.

Prom the chancery court of Calhoun county. Hon. Isaac T. Blount, Chancellor. Thornton and others, appellees, were complainants in the court below; Provine and others, appellants, were defendants there. Prom a decree in complainants’ favor defendants appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the chancery court of Leflore county. Hon. Percy Bell, Chancellor. The East Union Lumber and Manufacturing Company and others, appellees, were complainants in the court below; Kennedy and others, appellants, were defendants there.

From the circuit court of Pike county, Mississippi. Hon. Moyse H. Wilkinson, Judge. Stokes, appellant, and. another were jointly indicted for an attempt to murder one Wallace Lane. A severance was had, and the appellant tried, convicted, sentenced to the penitentiary' for ten years, and appealed to the supreme court. The opinion of the court states the facts.

Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Todd, appellee, was complainant in the court below; the-city of Gulfport, appellant, was defendant there. Erom a decree favorable to complainant the defendant appealed to the supreme court.

From the circuit court of Lawrence county. IIon. Jesse B. Webb, Special judge. Turner and others, appellees, were plaintiffs and Magee, appellant, defendant in the court below, tbe action being ejectment. Tbe opinion of the court states tbe facts.

Prom the chancery court of Lowndes county. Hon. James P. McCook, Chancellor.

From the chancery court of Sunflower county. Hon. Perot Bell, Chancellor. The Yazoo Delta Lumber Company, appellee, was complainant in the court below; McMahon, appellant, was defendant there. The court below rendered a-final decree in complainant’s favor, from which the first appeal in the case was prose-muted to the supreme court, without waiting for the accounting. This appeal is covered by the first opinion of the court, post page 462.

From the circuit court of Itawamba county. Hon. Eugene O. Sykes, Judge. Morgan, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor in the’circuit court, on appeal from the special court of eminent domain, the telephone company appealed to the supreme court.

From tbe circuit court of Madison county. Hon. David M. Miller, Judge. Mrs. Swanson, appellee, was plaintiff in tbe court below, and tbe railroad company was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Tbe appellee shipped a car load of bay from Way, Miss., to New Orleans, La.

From the circuit court of, second district, Choctaw county. Hon. J. T. Dunn, Judge. ° Kranfield, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment for $2,500 in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court. The verdict of the jury is excessive.

Prom; the circuit court of Madison county Eon. David M. Miller, Judge. The appellee, Mrs. Tucker, was plaintiff, and the Colored Knights of Pythias, appellant, was defendant in the court below. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court. The opinion of the court states the facts, — the instruction considered by the court being in the following words: “No. 3.

Erom the chancery court of, first district, Hinds county. Hon. G. Garland Lyell, Chancellor. Magruder, appellee, was complainant in the court below; Mrs. Gillespie, appellant, was defendant there; from a decree in complainant’s favor the defendant appealed to the supreme court. The object of the suit was to fix a boundary line between the lands of appellee and appellant, and enjoin appellant from interfering with a fence erected by appellee as being on the line.

From the circuit court of Union county. Hon. James B. Booti-ie, Judge. Mrs. Jackson, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor for $5,000 defendant appealed to the supreme court.

From the circuit court of Lauderdale county. •Hon. Robert F. Coohran, Judge. Mrs. Combs and others, appellants, were plaintiffs in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor plaintiffs appealed to the supreme court. The suit was for the alleged wrongful killing of one Jennings Combs, a son of Mrs. Combs and brother of the other appellants.

From the circuit court of, second district, Jones county. Hon. David M. Miller, Judge. Buchanan, appellee, was plaintiff in the court below; the mercantile company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the circuit court of, second district, Bolivar county. Hon. Sydney M. Smith, Judge. Brittain and another, appellees, were plaintiffs in the court below, the Bank of Duncan, appellant, was defendant there. Erom a judgment in favor of the plaintiffs the defendant ap-pealed to the supreme court. The plaintiffs sued the bank to recover money paid it under protest.

Prom the chancery court of Yazoo county. Hon. G. Garland Lyell, Chancellor. Levy and another, appellees and cross-appellants, were complainants in the court below; Jones, appellant and cross-appellee, and one Gadberry, trustee, were defendants there. Prom1 a decree overruling a demurrer to the amended bill defendant, Jones, appealed, and from the prior decree of the court sustaining a demurrer to the original bill, complainants cross-appealed to the supreme court.

Prom the circuit court of Lafayette county. Hon. James B. Boothe, Judge. Alford, appellant, was plaintiff in the court below; Pegues, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court.

From the circuit court of Lowndes county. Non. Bobert F. Cochran, Judge. This was an action brought by the appellant, Sikemeier, against the appellee, Jacob, on an open account for goods sold and delivered, in which the defendant, Jacob, claimed credit for one closet returned to plaintiff as unsatisfactory, a year and a day after its purchase.

Prom the circuit court of Clay county. Hon. J. T. Dunn, Judge. Abbott, appellee, was plaintiff in the court below; Unger and another, appellants, partners doing business under the name Unger & Company, were defendants there. The action was replevin for two bales of cotton. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, first district, Hiuds county. Hon. Wiley H. Potter, Judge. Adams, state revenue agent, appellant, was plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court.

From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Childress, appellant, was licensed to sell intoxicants by the-municipal authorities of Gulfport, and Carley and others, appellees, appealed to the circuit court. Late on the afternoon on the last day of the term the case was called in the circuit court, and tried, and the court announced that the appeal would be sustained and license revoked.

From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. MOTION TO DISMISS APPEAL AND MOTION TO STRIKE SEVERAL PAGES EROM THE RECORD. Adams, state revenue agent, appellant, was plaintiff in the court below; Carter and others, appellees, were defendants there. From a judgment in plaintiff’s favor for only a part'of his demand he appealed to the supreme court.

From tbe circuit court of Sunflower county. Eon. Sydney M. Smith, Judge. PLEA IN BAR OE THE APPEAL. Held: First: — That the motion came too late, and Second: — That the proceedings appealed from partook more of the nature of equity than law and that in' equity the rule was that: “Although a decree in equity is fully executed at the instance of the successful party he cannot- complain of his own voluntary act if he does perform a…

Eeom the circuit court of Harrison county. Hon. William H. Hardy, Judge. Mead, appellee, was plaintiff in the court below. One Levy was defendant and Mitchell, appellant, was garnishee there. Erom a judgment in plaintiff’s favor the garnisheej Mitchell, appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the chancery court of Jones county. Hon. James L. McCaskill, Chancellor. The lumber company, appellee, was complainant in the court Delow; Edwards, appellant, was defendant there. Erom a decree in complainant’s favor the defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The appellant, Edwards, brought a suit in a justice’s court of Jones county and obtained a judgment against one Johnson.

Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. McGowan, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgment in plaintiffs favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Spears, appellant, was indicted, tried and convicted of arson, sentenced to the penitentiary for life and appealed to the supreme court.

Erom the chancery court of Lauderdale county. Hon. James L. McCaskill, Chancellor. Beason, executor, appellant, was complainant in the court below; Coleman and others, appellees, were defendants there. Erom a decree in defendants’ favor the complainant appealed to the supreme court. The bill charged that the complainant is executor of the last will and testament of W. B-.

Prom the chancery court of Sunflower county. Hon. Perot Bell, Chancellor. Cohn, appellant, was complainant in the court below; Carter and another, appellees, were defendants there. Prom a decree granting complainant only a part of the relief for which he prayed he appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

From tbe circuit court of Lauderdale county. Hon. Bobert C. Cochran, Judge. Cameron, appellee, was plaintiff in the court below; one Crossgrove was defendant and Arky, appellant, garnishee tjiere. From a judgment in plaintiff’s favor against the garnishee the latter appealed to the supreme court. The facts are stated in the opinion of the court. The trial by jury had in the circuit court was unauthorized and contrary to the plain provisions of the statute.

From the chancery court of Lauderdale county. PIon. James L. McOaskill, Chancellor. Held: that although one public way to property is closed, if there is another left open, the property •owner sustains no actionable damage.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Hatton, appellant, was indicted and tried for the seduction of his niece, Novella Hatton, a female child under the age of eighteen years, was convicted, sentenced to the penitenitary for ten years; and appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Amite county. Hon. Moyse H. Wilkinson, Judge. 1 Anderson and others, appellants, negroes, were indicted for' an assault and battery with intent to kill and murder one Bates, a white man. They moved for a change of venue, their motion was “denied; they were tried and convicted and appealed to the supreme court.

From the circuit court of Attala county. Hon. Oliver A. Lucíoste, Special Judge. Irving, appellant, a negro, was indicted, tried, convicted and-sentenced for burglary and appealed to the supreme court. The crime was committed at one o’clock at night.

' From the circuit court of Lawrence county. Hon. Robert L. Bullard, Judge. Rice and another, appellants, partners doing business under the firm name, Rice & Co.', were plaintiffs in the court below, and Patterson and others, appellees ■who had been partners doing business under the firm name, Patterson, Tyrone & Co., were-defendants there. From a judgment in defendants’ favor the plaintiffs appealed to the supreme court. The facts are stated in the opinion of the court.

Erom the chancery court of Tunica county. Hon. Percy Bell, Chancellor. Held: nor to whomsoever the same may be payable; that by the laws of the state the personal property of the decedent is first chargeable with the payment of his debts, and that thereafter both personal and real property descends in equal shares, to the contestants, Elisha Terry, Crenshaw Terry, Mary Anne McClure, the children of Maggie…

From the circuit court of Lamar county. Hon. William H. Cook, Judge. Brock, appellant, was indicted for the murder of Louis Kohler; was tried, convicted, sentenced to be hanged, and appealed to the supreme court. The facts bf the case, so far as necessary to an understanding of the decision made, are stated in the ■opinion of the court.

From the circuit court of, first district, Hiuds county. Hon. David M. Miller, Judge. Magruder, appellant, was plaintiff in the court below; the telephone company, 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.

Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Mrs. Howard, appellant, was plaintiff in the court below; the city of Jackson was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court.

From the circuit court of Smith county. Hon. Robert L. Bullard, Judge. Gambrell, appellant, was indicted and tried for the murder of Robert Grayson, was convicted and sentenced to tbe penitentiary for life and appealed to the supreme court. The deceased was shot from ambush, there being no eyewitnesses.

Prom the circuit court of, second district, Perry county. Hon. Wiliam H. Cook, Judge. Posey and others, appellants, partners under the firm name, W. A. Posey & Co., were plaintiffs in the court below; the construction company, appellee, was defendant there. The suit was instituted to recover $444.50 an alleged balance on a contract for tbe sale of sand and gravel.

From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. Adams, state revenue agent, appellant, was plaintiff in the court below; the Winona Cotton Mills, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The object of the suit was to recover back taxes of the defendant for the years 1901, 1902, 1903, 1904, and 1905.

From the chancery court of Claiborne county Hon. J. S. Hicks, Chancellor. Held: An unintentional mistake of a material character in a deed must be clearly proven, but not necessarily beyond all reasonable doubt to sustain a decree reforming a deed.” . . . “After a full consideration of all legal evidence the evidence shows beyond all reasonable controversy, not to say beyond all reasonable doubt, that the…

From the circuit court of Lamar county. Hon. William H. Cook, Judge. Treen, appellant, a member of the board of supervisors was indicted, under Code 1906, § 1305, quoted in the opinion of the court, for being interested in a contract made by the board of which he was a member; was convicted and appealed to the supreme court.

From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. Orlansky, appellee, was plaintiff in the court below, and Taylor, appellant, defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Orlansky, plaintiff, sued Taylor, defendant, in an action of unlawful detainer for a part of a storehouse.

From the circuit court of Washington county. Hon. A. MoC. Kimbrough, Judge. Turner, appellant, was plaintiff in the court below; the lumber company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Defendant’s demurrer to plaintiff’s declaration was sustained by the court below on the idea that the contract sued upon was one for the sale of standing timber, real estate, and within the statute of frauds.

From tbe chancery court of Warren county. Hon. J. S. Hicks, Chancellor. Tbe District Grand Lodge of tbe Grand United Order of Odd Fellows in America, appellant, was complainant in tbe court below; Leonard and others, appellees, were defendants there. From a decree overruling its demurrer to defendants’ cross-bill ■the complainant appealed to tbe supreme court.

From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. The Organ Power Company, appellee, was plaintiff in the-court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The suit was to recover the value of an organ blower.

!From the circuit court of Lafayette county. Hon. James B. Boothe, Judge. Sultau, appellant, was plaintiff in the court below, and the telegraph company, appellee, defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor the plaintiff appealed to the supreme court. The opinion of the court states the facts. It was manifestly error in the lower court to peremptorily instruct the jury to find for defendant.

From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Spears, appellant, was tried and convicted in the municipal court of Osyka for violating an ordinance of the town prohibiting the use of profane language on the streets; he appealed to the circuit court and was again convicted and appealed to the supreme court. The opinion of the court states the facts.

From the chancery court of, second district, Coahoma county. Hon. M. E. Denton, Chancellor. Bobo, appellant, was complainant in the court below, and the board of levee commissioners of the Yazoo-Mississippi Delta, appellee, was defendant there. From a decree dissolving an injunction complainant appealed to the supreme court. The facts are stated in the opinion of the court. The act was not published as required by sec. 234 of our state constitution, hence is unconstitutional.

Erom the circuit court of, first district, Hinds co-unty. Hon. Wiley H. Pottee, Judge. Waycaster, appellee, was plaintiff in the court below, and the-electric railway company, appellant, defendant there. Erom a judgment for $125 in plaintiff’s favor, defendant appealed to-the supreme court. Plaintiff sued the defendant for killing his dog.

Erom the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge.

From tbe circuit court of Franklin county. Hon. MoySb H. Wilkinson, Judge. Burnett, appellant, a negro, was indicted and tried for the-murder of one Robert Turner, was convicted and sentenced to* tbe penitentiary for life and appealed to tbe supreme court. Tbe killing occurred at a negro wedding where a large crowd of colored people bad congregated. A difficulty arose between two of tbe guests, and several shots were interchanged.

From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Sullivan, appellant, was indicted, tried and convicted for the murder of one Pickering, sentenced to the penitentiary for life and appealed to the supreme court. The deceased was killed while in a buggy with his brother, driving along the highway at night. He was shot from ambush, and instantaneously killed.

From tbe circuit court of Claiborne county Hon. John N. Bush, Judge. Scott, appellant, a negro, was indicted and tried for tbe murder of Preston Turner, also a negro, was convicted of manslaughter, sentenced to tbe penitentiary for twenty years, and appealed to tbe supreme court. On tbe preliminary trial of appellant before a justice of tbe peace, one Tbomas, an eye-witness of tbe homicide, testified for tbe prosecution.

From tbe chancery court of Monroe county. Hon. Banter McFarland, Chancellor. Millstead, appellee, was complainant in the court below, and the Allen-West Commission Company, appellant, and others' wtere defendants there. From a decree in favor of complainant the Allen-West Commission company appealed to the supreme court.

Prom the chancery court of Leflore county. Hon. Perot Bell, Chancellor. Bowles, appellee, was complainant in the court below, and Mrs. Woods and others, appellants, were defendants there. Prom an interlocutory decree overruling their demurrer to the complainant’s bill the defendants appealed to the supreme court.

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Held: in plaintiff’s suit against the telegraph company, that he was entitled to recover no more than nominal damages; that there was no certainty that plaintiff would have been appointed to the position of receiver of the bank; and that the failure of the telegraph company to deliver the message meant merely that the plaintiff may have…

Nrom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Mrs. Sewell, appellant, was plaintiff in the court below; the casualty company, appellee, was defendant there. The -suit was on an accident insurance policy, issued by appellee to plaintiff’s husband and claimed to be in force at the time of his accidental death.

¡From the circuit court of Jefferson county. Hon. Motse H. Wilkinson, Judge. Magee, appellant, was indicted for an assault and battery with intent to kill and murder one Lofton, was tried, convicted,, sentenced to the penitentiary for ten years, and appealed to the supreme court. The evidence showed that Lofton, the party assaulted, awakened by some one stealthily moving in his sleeping apartment, arose, and, by the light of a lamp-, discovered a negro man in the room.