Volume 93 — Mississippi Reports

From the chancery court of Warren county. Hon.-J. S. Hicks, Chancellor. Searles and another, appellees, partners trading under the firm name Searles Brothers, were complainants in the court below; the American Steel Hoop Company, appellant, was defendant there. From a decree in complainants’ favor the defendant appealed to the supreme court.

From the circuit court of Marshall county. Hon. J. B. Boothe, Judge. Roane, appellee, administrator of the estate of Archibald C. Roane, deceased, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment for seven thousand five hundred dollars in plaintiff’s favor defendant appealed to the supreme court.

From the circuit court of, first district, Iiinds County. IIon. Kobert L. Bullard, Judge. Mrs. Miazza, appellee, was plaintiff in the court below, the insurance comp any, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. The facts are stated in the opinion of the court.

From tbe circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Harrison, appellant, was plaintiff in tbe court below; tbe railway company, appellee, was defendant there. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court. Appellant’s child, sixteen months old, was run over and killed by a passenger train of tbe appellee.

Prom the chancery court of Yazoo county. Hon. G. Garland Lyell, Chancellor. Payne, the appellee and cross-appellant, was the complainant in the court below; the railroad company, appellant and crossappellee, was defendant there. Prom a decree overruling defendant’s general demurrer, and its certain special demurrers, to the bill of complaint — one of the special demurrers was sustained — the defendant appealed to the supreme court, and complainant prosecuted a cross-appeal.

From the cháncery court of Lafayette Oonnty. Non. Isaac T. Blount, Chancellor. Mrs. Gilmore, appellant, was complainant in the court below; Mrs. Brown and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court.

From the chancery court of Noxubee county. ' Hon. James F. MoCool, Chancellor. Stansel, appellee, was complainant in the court below, Smith, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. Appellee’s bill prayed partition of a tract of land, containing one hundred acres, of which he and appellant were tenants in common; each owning an undivided half interest.

Erom the circuit court of Clarke county. Hon. Robert E. Cochran, Judge. The Wymond Cooperage Company, appellee, was the plaintiff in the court below, and the Mississippi Eastern Railway Company, appellant, was defendant there. From a judgment in favor of the plaintiff the defendant appealed to the supreme court. The opinion of the court’states the facts.

From the circuit court of Claiborne County. Hon.. John M. Bush, Judge. Williams, 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 supréme court.

ÍFiíom the circuit court of Calhoun county. Hon. J. T. Dunn, Judge. Bailey, appellant, was indicted and tried for an assault and battery with intent to kill and murder his wife; he was convicted merely of an assault and battery upon her, sentenced' therefor and appealed to the supreme court.

Erom the chancery court of Claiborne county. Hon. J. S. Hicks, chancellor. Lum and others, appellants, propounded the last will and testament of Phillip Lasch, deceased, for probate; Mildred Lasch, appellee, daughter of the testator, filed a caveat against its probate, and an issue contesting the will was made up and tried in the court below, resulting’ in a decree in contestant’s favor, from which the contestees appealed to the supreme court.

From the chancery court of Tallahatchie county. IIon. Percy Bell, Chancellor. Tallahatchie county, the appellant, was complainant in the court below and Little, and others, appellees, were defendants-there. From a decree in favor of defendants dismissing the bill, complainant appealed to the supreme court. The question in this case was whether the county had the right to redeem land from a tax sale more than two years after the sale.

From the circuit court of Yazoo county. Hon. J. B. Holden, special judge. , Jackson, appellee, was plaintiff in the court below, and John Romoneda and another, comprising the partnership of Romoneda Brothers, appellants, were defendants there. From a. judgment in favor of plaintiff defendants appealed to the supreme court.

From the chancery court of Lincoln county. Hon. G. Garland Lyell, chancellor. Cassidy, appellant, was complainant in the court below; Hartman, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court.

From the circuit court of Lee county. IIon. Eugene O. Sykes, Judge. Ballard, appellant, was plaintiff in the court below; Broiva and another, appellees, were defendants there. Erom a judgment in defendants’ favor, the plaintiff appealed to the supreme court. * The opinion of the court states the facts.

Prom the circuit court of Attala county. Hon. J. T. Dunn, Judge. Sanders, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Lauderdale county. Hon. Robert F. Cochran, Judge. Key and another, appellees, were indicted for murder and upon the continuance of their case the circuit court granted them bail; the district attorney manifested no displeasure at the grant, but the attorney general prosecuted an appeal in behalf of the state, from an order of the circuit court, admitting appellees to bail.

From the circuit court of Amite county. ITon. Moyse H. Wilkinson, Judge. Tynes, appellant, and one Gertrude Buckles, were jointly indicted for unlawful cohabitation; appellant was tried, convicted, sentenced to punishment and appealed to the supreme court.

From the circuit court of Warren county. Hon. Thomas G-. Burchett, Special Judge. Warren county, appellant, was plaintiff in the court below; Mrs. Lamkin, appellee, was defendant there. Held: in tbe cases of Money v. Miller, 13 Smed. & M., 531, and Clement's v. Anderson, 46 Miss., 597, that at the common law tbe statute of limitations ran against counties, although it did not run against tbe ■state.

Prom the chancery court of Yalobusha county. Hon. Isaac T. Blount, Chancellor. Wilson P. Turner, appellee, was plaintiff or petitioner in the court below; Gertrude Turner, appellant, his wife,- was relator or defendant there. The suit was an habeas corpus proceeding for the custody of their two years old son, Wilson Hudson Turner.

From tbe chancery court of Leflore county; Hon. Sydney Smith, Judge. The Machinery Company, appellee, was plaintiff in the court-below; Johnson and one Bright,^administrator of the estate of W. O. Bacon, deceased, appellants, were defendants there.

From the circuit court of Copiah county. Hon. Robert L. Rullard, Judge. Mullins, an infant, suing by his father as next friend, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment, predicated of a peremptory instruction, in defendant’s favor, paintiff appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Lowndes county. Hon. Robert F. Cocieran, Judge. Driver, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. From a judgment in defendant's favor, predicated of a peremptory instruction, plaintiff appealed to the supreme court. INaintiff received the injury, for which he sued, while adjusting the coupling apparatus of a car, to which others were to be fastened.

Prom the circuit court of Jefferson Davis county. Hon. Wiley H. Potter, Judge. Magee, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgfent in plaintiff’s favor defendant appealed to the supreme-court.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kneale, appellant, was plaintiff in the court below; Dukate and others, appellees, partners doing business under the co-partnership name, Lopez & Dukate, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The suit was for damages resulting from injuries sustained by plaintiff while employed in defendants’ factory.

From the chancery court of Harrison-county. Hon. Thaddeus A. Wood, Chancellor. Deslonde and others, appellees, were complainants in theeourt below; Theobald and another, appellants, were defendants-there. From a decree overruling their demurrer to the complainants’ bill the defendants appealed to the supreme court.

Prom the chancery court of PranMin county. Hon. J. S. Hicks, Chancellor. The Scottish-American Mortgage Company, appellee, was complainant in the court below; Butler and others, appellants, were defendants there. Prom a decree overruling defendants’ demurrer to the complainant’s bill the defendánts appealed to the supreme court.

From the circuit court of Jefferson county. Hon. Moyse H. Wilkinnson, Judge. Mrs. Hicks, appellee, and others were plaintiffs in the court below; they recovered a judgment for $2,500 against a railroad company for the wrongful death of one William, T. Hides, the husband of appellee, and the father of the other plaintiffs,, and the judgment was entered jointly in favor of all the plaintiffs.

From the circuit court of Clay county. Hon. J. T. Dunn, Judge. Myers and another, brokers, doing business under tire co-partnership nanle of Myers & Xing, appellants, were plaintiffs in the court below; Colenran, appellee, was .defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The facts are fully stated in the opinion of the court.

Erom the circuit court of Aleom county. Hon. Eugene O. Svkes, Judge. Savage, appellee, wasi plaintiff in the court below; Carpenter, appellant, was defendant there. The suit was for the statutory penalty (Code 1906, § 4977), fifteen dollars per tree, for forty-one poplar trees charged to have been cut by defendant on plaintiff’s land without his consent. Plaintiff died pending the suit and it was revived in the name of his administrator.

From the chancery court of Washington county. Hon. Perot Bell, Chancellor. Drennen, ap.pellee, and Heard and another, appellants, on appellee’s petition, were appointed by the court below co-executors in this state of the last will and testament of one W. L. .Tillman, deceased, who died in the state of Georgia and whose will, the original, was there probated, a duly authenticated copy having been probated in the court below.

From the chancery court of Harrison county. Hon. Thahdeus A. Wool, Chancellor. Keel and -two others, appellants, were, with others, complainánts in the court below; Jones and others, appellees, were defendants there. From a decree sustaining a demurrer to the bill appellants appealed to the supreme court.

From the circuit court of Tate county. Hon. William A. Roane, Judge. Stewart, appellant, was plaintiff in the court below; Graham,, appellee, was defendant there. The action was replevin for a mule, originally loaned by plaintiff to defendant.

From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Mrs. Rector, appellant, was plaintiff in the eo-urt below; Out-zen and others, co-partners, appellees, were defendants there. From a judgment in defendants’ favor plaintiff appealed to the supreme court.

!From the circuit court of Union county. Eon. William A. Soane, Judge. Smithey, appellant, was indicted, tried, and convicted in the circuit court, for unlawful cohabitation, and appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Union, county. Hon. William A. Roane, Judge. Prince, appellant, was indicted, tried and convicted of the murder of William McAllister, sentenced to the penitentiary for life and appealed to the supreme court. The facts of the case so far as pertinent to the decision made are sufficiently-shown by the opinion of the court.

Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Ellabee and another, appellees, were complainants in the court below; Mrs. Wells and others were defendants there. Erom a decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Leflore county. Hon. Sydney Smith, Judge. Lady Washington, appellant, was tried and convicted in the ■court below, of the unlawful sale of intoxicants and appealed to the supreme court. The facts are fully stated in the opinion of ' the court. The statutes of this state provide for two distinct sorts of criminal courts in municipalities; first, there is the court of the police justice; secondly, there is the court of the justice of the peace.

Erom the chancery court of, second district, Yalobusha county- Hon. Isaac T. Blount, Chancellor. Mrs. Wallace, appellee, was the complaining petitioner in the-court below; her husband, Elbert B. Wallace, appellant, was defendant there. The parties were separated, living apart each from the other. The suit was an habeas corpus proceeding for the custody of their seven year old son, William Frank.

Hon. Thaddeus A. Wood, Chancellor. Pigott, appellee, was complainant in the court below; and the Southern Pine Company, a corporation, and another, appellants were defendants there.’ Prom a decree in… Held: that the deed from appellee’s father to Pyals did not pass the equitable title to Pyals, but that, instead, the equitable title remained in appellee’s father.

Prom the chancery court of, second district, Tallahatehie county. IIon. Percy Bele, Chancellor. Harris and another, lawyers, appellees, were complainants or petitioners in the court below; Mrs. Murphy, administratrix of the estate of Smith Murphy, her deceased husband, was defendant there.

Prom, the circuit court of Greene eo-unty. ‘ Hon. William H. Hardy, Judge. ' Beard, appellee, was plaintiff in the court below; the railroad company, appellant, was-defendant there. Held: it has already been overruled by the Sinai case and the Davis case, supra.

Erom the chancery court of Sunflower county. Hon. M. E. Denton, chancellor. Wright, appellee, was complainant in the court below; Corarero, appellant, was defendant there. Erom a decree overruling a demurrer to complainant’s bill defendant appealed to the supreme court.

Prom tbe chancery court of, first district, Hinds county. ITon. G. Garland Ltell, Chancellor. Held: then it is only necessary for a guardian to hold his ward’s property for five years after the ward becomes twenty-one years of age, and the title to the ward’s property would be absolutely in the guardian, although such guardian had been holding the ward’s property permissively, and not adversely. We contend that such is not the law.

From the circuit court of Lauderdale county. Hon. Kobert F, Coci-iran, Judge. Matthews, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages for the alleged wrongful death of William Matthews, a brakeman in the employ, of the defendant railroad company, who was killed while engaged in setting out certain cars of a freight train which were being moved onto a side track at Garriere, Miss.

Prom the chancery court of, first district, Hinds county. Hon. G. Garland Lyell, chancellor Adams, state revenue agent, appellee, was complainant in the court below; the Delta & Pine Land Company, appellee, was defendant there. Prom a final decree in complainant’s favor the defendant 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. Preston, appellee, was plaintiff in the court below; the city of Jackson, appellant, was defendant there. The plaintiff sought to recover from the city money which he had paid it under protest as municipal taxes for the year 1907. Prom a judgment in plaintiff’s favor defendant appealed to the supreme •court. The facts are stated in the opinion of the court.

From the circuit court of Warren county. IIon. John N. Busi-i, Judge. Mrs. King, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was an action for damages alleged to have been suffered by the plaintiff, the owner of dwelling houses, and land in the city of Vicksburg located near the tracks of the defendant railway company.

From the chancery court of Newton county. Hon. Samuel Whitman, Chancellor. McNeill and six hundred and ninety-nine others, tax payers of Newton county, appellees, were complainants in the court below; Wells, tax collector of the county, appellant was defendant there. The bill sought an injunction restraining the collection from complainants, and others similarly situated who would join in the suit, of a special courthouse tax.

Brom the circuit court of Tuuica county. Hon. John C. Bryson, Special Judge. Litford, appellant, was indicted, tried and convicted of the murder of Charles Moody, sentenced to suffer death and appealed to the supreme court. The principle assignment of error was predicated of the action of the court below in overruling defendant’s motion to quash the special venire from which the jurors who convicted him were taken.

Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Mrs. Miazza, appellee, was plaintiff in the court below; tbe insurance company, was defendant there. Prom a judgment in plaintiff’s favor for tbe full sum due on the policy of insurance sued upon, -tbe same having been' upon the life of her deceased husband, Peter Miazza, tbe defendant appealed (its second appeal), to tbe supreme court.

From the circuit court of Perry county. Hon. William H. Cooic, Judge. Stevens, appellee, was plaintiff in the court below; the insurance 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;.

From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Mrs. Lyon, appellee, was complainant in the court below: Whitfield and others, appellants, were defendants there. From :a decree largely in complainant’s favor, but not granting all relief for which she prayed, the defendants appealed to the supreme court and complainant prosecuted a cross-appeal. The facts are sufficiently stated in, or are plainly apparent from, the opinion of the court.

From the circuit court of Warren county. JIon. John N. Bush, Judge. Griffin, appellant, was plaintiff in the court below; tbe Cotton Oil Company, appellee, was defendant there. From a. small judgment in plaintiff’s favor, much less than the sum demanded in the declaration, he appealed to the supreme court. Griffin sued the Refuge Cotton Oil Comp-any for commissions-claimed to be due o-n shipments of cotton seed.

<p>1. Chancery Pleading and Practice. Amendment of bill. Dispensing with sworn answer.</p> <p>Where an unsworn bill in equity, not waiving an oath to the answer, was answered by defendant under oath, and the cause was set for final hearing, the time specifically allowed for taking testimony having expired and no testimony having been taken, it. was error to allow an amendment to the bill making it waive an answer under oath.</p> <p>2. Same. New Party complainant. Seasonable application.</p> <p>In a suit to cancel clouds on title to land, a motion by the complainant and a third party to amend the bill by making them joint complainants cannot be resisted by the defendants as coming too late because the case had been continued once, the bill of the original complainant answered and his deposition taken.</p> <p>3. Decrees and Judgments. Res judicata. Essentials.</p> <p>Before a plea of res judicata can prevail four things must be shown r Identity in the thing sued for, identity in the cause of action, identity of persons and parties to the action and identity of the quality in the person for or against whom the claim is made.</p> <p>4. Same. Decision on former appeal. Subsequent amendments.</p> <p>A decree overruling a demurrer to a bill of complaint, although: affirmed by the supreme court, is not res judicata and binding on. the defendants where, after the affirmance, the bill was amended, and made to show that the original complainant’s claim of title-to the land in suit was made in error and the alleged real owner made a new party complainant.</p> <p>5. Taxation. Tax sales. Quieting titles. Laws 1888, ch. 23, p. 40. Construction. Swdmp and overflowed lands.</p> <p>A sale for taxes of lands net subject to taxation, like swamp and. overflowed lands, was not validated by Laws 1888, ch. 23, p. 40, quieting titles to lands in the Yazoo Delta, sold by the commissioners of the. chancery court of Hinds county in the case therein, specified.</p> <p>6. Same. Levee taxes. Rights of purchaser under the curative act.</p> <p>A person claiming under an auditor’s deed for levee taxes, under-Laws 1888, ch. 23, p. 40, must point out specifically some particular sale under which he claims the state held, in order to invoke the presumptions conferred by the act.</p> <p>7. Same. State lands. Purchased from stale. When thereafter taxable.</p> <p>Rands purchased from the state between February 1st and October 1st are not liable for the taxes of that year.</p> <p>8. Receiver’s Sale. Commissioner’s deed. Necessity of confirmation. Evidence.</p> <p>A party claiming land under the deed of a receiver or commissioner in chancery must show that the sale claimed to be evidenced by the deed was confirmed by the court which appointed the receiver and commissioners.</p> <p>9. Revee Taxes. Levee tax deeds. Previous decisions approved.</p> <p>Yasser v. George, 47 Miss., 713, holding under the act of 1867, that a tax collector’s deed to a levee board treasurer is void if it were not filed for redemption, and that a tax deed from a sheriff to the liquidating levee commissioners is void if the proper statutory bonds had not been given; and Gibbs v. McGuire, 70 Miss., 646, 12 South., 829, holding that an unsealed deed executed before November 1, 1880, did not convey a legal title, approved.</p>

From the circuit court of Grenada county. Hon. J. T. Dunn, Judge. Duncan, appellant and cross-appellee, was plaintiff in the court below; the telegraph company, appellee and cross- appellants, was defendant there. From a judgment for a small sum in plaintiff’s favor he appealed to the supreme court and the defendant prosecuted a cross-appeal.

From the circuit court of Lee county. ■, Hon. Eugene O. Sykes, Judge. Mrs. Martin, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme •court. The opinion of the court sufficiently states the facts. The appellant was not liable to appellee for the statutory penalty, under the evidence.

From the chancery court of Jackson county. TIon. Ti-iaddeus A. Wood, Chancellor. Mrs. Benjamin, appellant, was complainant in the court be'low, and Staples, receiver of the Scranton State Bank, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Jackson county. Hon. William H. Hardy, Judge. McLeod and another, partners, members of the firm of McLeod & Dantzler, appellees, were plaintiffs in the court below; Helton, appellant, was defendant there. From a judgment plaintiffs’ favor defendant appealed to the supreme court.

Hrom the chancery -court of Oktibbeha couuty. Hon. J. Quitman Kobins, Chancellor. Adams, state revenue agent, appellant, was complainant in the court below: Saunders and others, appellees, were defendants there. The case was once before in the supreme court and is reported, Adams v. Saunders, 89 Miss. 784, 42 South. 602.

From the circuit court of Quitman county. Hon. Samuel C. Cook, Judge. i The Bedford, French & Goodwin Co., appellant, was plaintiff •in the court below; one Harris was defendant in execution there, and the. Adams Machine Co., appellee, was claimant of the property leyied upon. From a judgment in claimant’s favor on a •claimant’s issue, the plaintiff appealed to the supreme court.

From the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Willis, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

Prom the circuit court of Washington county. Hon. Sydney Smith, Judge. The cement company, appellee, was plaintiff in the court below and the Mississippi Stone Manufacturing Company was defendant there. A judgment having been rendered in plaintiff’s favor against the defendant, money was impounded to which Watson, appellant, made claim, and from a judgment against him he appealed to the supreme court.

Hrom the circuit court of Yazoo county. Hon. J. B. Holden, Special Judge. Rivers, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there: The action was for slander. The jury rendered a verdict for $10,000 in plaintiff’s favor, but the same was by remittitur reduced to $5,000 to prevent the court below granting a new trial. The defendant appealed from the judgment of the circuit court for the latter sum to the supreme court.

From the chancery court of, second district, Hinds county. Hon. Bobert B. Mayes, Chancellor. Burnett and others, appellants, were complainants in the court below; Mrs. Smith, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. ' The preponderance of the evidence in this case shows that D. J. Hartzog was insane at the time he made the deed.

From the chancery court of Jefferson Davis county. Hon. G. Garland Lyell, Chancellor. Dale and others, appellants, members of a copartnership, doing business under firm name, S. S. Dale & Sons, were complainants in the court below; Griffith, appellee, was defendant there. From a decree in defendant’s favor the complainants appealed to the supreme court.

From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. Mrs. Howze, appellant, was plaintiff in the court below; Whitehead, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Appellant’s declaration alleged that she was the owner of a brick storehouse in the town of Winona, erected in 1868 by one Devlin and which was one hundred and twenty feet in length.

From the circuit court of Attala county. Hon. J. T. Dunn, Judge. Mrs. Armstrong, appellee, was plaintiff iu the court below; the railroad company, appellant, was defendant there. From a judgment for $1,125 in plaintiff’s favor defendant appealed to-the supreme court.

Erom the circuit court of Lauderdale county. Hon. Eobert F. Ooci-iran, Judge. Lyons and another, partners under the firm name “Lyon & Co./’ the appellees, were plaintiffs in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court.

From the chancery court of, first district, Hinds county. IIon. G. Garland Lyell, Chancellor. Renno, appellee, was complainant in the court below; the insurance “Company, appellant, and the Mississippi Home Insurance Company, were defendants there. From a decree largely in complainant’s favor against the ¿Etna Insurance Company, appellant, that company appealed to the supreme court, and Eenno, appellee, prosecuted a cross-appeal.

Erom the chancery court of Washington county, Hon. Perot Bell, Chancellor. Sutton and others, appellants, were complainants in the court below; Archer and others, appellees, were defendants there. From a decree in defendants’ favor complainants appealed to the supreme court.

From tbe chancery court of Lamar county. Hon. Ti-iaddeus A. Wood, Chancellor. The banking company, appellant, was complainant in the court below: Haney and others, appellees, were defendants there. From a decree in defendant’s favor the complainant appealed to the supreme court. The suit was predicated of two certain promissory notes, set out in the opinion of the court, executed by Jay J. Haney and J. B. Haney doing business under the firm name of J. J. Haney Company.

Erom the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Mrs. Minima, appellee, was plaintiff iii the court below; Armstrong, appellant, was defendant there. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. Appellee recovered a judgment against appellant in the state of Tennessee for money lost by her husband in dealing with appellant in “future” 'transactions.

From the circuit court of ITarrison county. Hon. William H. Hardt, Judge. Madame De Silva, appellant, was indicted, tried and convicted of an assault and battery on Margaret Harvey and appealed to the supreme court. The judgment rendered against, her on the first trial of the case was reversed and a new trial awarded. The decision on the first appeal is reported.

From the chancery court of Panola county Hon. Isaao T. Blount, Chancellor. Pearson, appellant, was complainant in the court-below; Mrs. Caldwell and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts sufficiently appear from the opinion of the court. When T. F. Caldwell lived he owned the lot in controversy and thought it was described as Lot No. Five in Block F in Batesville.

From the circuit court of Lowndes county. Hon. Robert F. Cochran, Judge. Murphy, appellant, was plaintiff in the court below;-Hutcbinson, appellee, was defendant there. From a judgment in dofendafit’s favor, predicated of a peremptory instruction, plaintiff appealed to tbe supreme court.

Prom: the circuit court of Porrest county. Hon. William H. Goon, Judge. Richard B. Griffin and others, appellants, were plaintiffs in the court below; Joel P. Griffin, appellee, was defendant there. The action was replevin, involving title to personal property. Plaintiffs claimed to have acquired title to the property by purchase from Iiomer P. Griffin and David H. Pavesies. Prom a judgment in defendant’s favor plaintiffs appealed to the supreme court.

Prom the circuit court of Jefferson Davis county. Hon. Wiley IT. Potter, Judge. Butler, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Prom a judgment in plaintiff’s favor the railroad company appealed to the supreme court. Plaintiff sued to recover damages, $225, the alleged value of a mare killed upon the defendant’s railroad track.

From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. Hiller, appellee, was plaintiff in the court below; the .telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme -court.

Prom the chancery court of Jefferson Davis county. Non. G-. Garland Lyell, Chancellor. Held: in the county, and after advertisement in a newspaper in the county for three successive-weeks before sale.

Erom tbe circuit court of, first district, Hinds county. ITon. Wiley H. Potter, Judge. Haynes, Jonas Mixon, and another, appellants, were in•dicted, tried and convicted of burglary and appealed to tbe supreme court. Tbe facts touching tbe only question in tbe case ■are fully stated in tbe opinion of tbe court.

From the circuit court of, second district. Tallahatchie -county. Hon. Samuel C. Cook Judge. Neal and another, appellees, were plaintiffs, and the railroad company was defendant, in the court below. From a judgment in plaintiffs’ favor the defendant appealed to the supreme -court. The opinion of the court states the facts.

From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. Jimerson, appellant, was indicted for an assault and battery with intent and in the attempt to kill and murder one Pay. Held: and twice very lately, that the indictment may properly charge the larceny of distinct articles the ¡subject of separate ownership, provided the larceny was committed at the same time. Stale v. Dalton, 44 South. 802; WcM-d v. State, 43 South. 466.

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Wilkins, appellant, was indicted for murder, and was sentenced to the penitentiary for twenty years under an alleged plea of guilty of manslaughter. From the judgments of the circuit court denying his motions to vacate the judgment, etc.,, and the- conviction and sentence he appealed to the supreme-court. The facts are stated in the opinion of the court.

Hrom the circuit court of Jackson county. LIon. William H. Hardy, Judge. Lewis, appellant, was indicted, tried and convicted of an as-sault and battery with intent to kill and murder one William •Jones and appealed to the supreme court. The ninth instruction asked by defendant and refused by the trial court is as follows: “No. 9.

From the circuit court of Yazoo county. IIom. Wiley H. Potter, Judge. Banks, appellant, was indicted for arson; the indictment charging that he “did then and there willfully, unlawfully, and feloniously set fire to and burn a certain dwelling house then and there situated,” etc. Appellant demurred to this indictment because it was not alleged that some one resided therein either in the daytime or at night, nor that the setting fire thereto was in the daytime or night.

From; the chancery court, first district, Hinds county. EIon. G. Garland Lyell, Chancellor. The state of Mississippi, suing on the relation of the district attorney, appellant, was complainant in the court below; Edwards, state treasurer, and others, appellees, were defendants-there. The object of the suit was to enjoin the defendants, state officers, from carrying into effect the provisions of the act, Laws 1908, ch. 96, p. 77, providing for state depositories.

Erom the circuit court of Bolivar county. B[on. Sydney Smith, Judge. Allen, receiver, appellant, was plaintiff in the court below; Edwards, appellee, was defendant there.. Held: “Directors of banking corporations occupy one of tbe most important and responsible of all business relations to the general public.

From the chancery court of Yazoo county. Hon. G-. Garland Lyell; Chancellor. Chlora Hoy, appellant, was complainant in the court below; Leroy Hoy, appellee, was defendant there. From, a decree in defendant’s favor the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From the circuit court of Claiborue county. Hon. John N. Bush, Judge. Martin, appellant, was. indicted, tried and convicted for carrying a pistol concealed and appealed to the supreme court. The facts pertinent to the decision are stated in the opinion of the court. In order to constitute concealment, the weapen must be so hidden from view as to put others off their guard. Carr v, State, 34 Ark. 448.

From the circuit court of Forrest county. Hon. William H. Cook, Judge. Wilby, appellant, was tried and convicted of “doing a. plumbing business” without having paid a privilege tax for so doing, and appealed to the supreme court. The facts of the case are fully stated in the opinion of the court. The peremptory instruction asked for by the appellant should have been granted.

Erom the circuit court of Winston county. Hon. James E. Byrd, Judge. Sherrod, appellant; a negro, was indicted and tried for the murder of another negro, William Liddell, was convicted of manslaughter and sentenced to the penitentiary for five years, and appealed to the supreme court. The opinion of the court states the facts. The court below erred in receiving the jury’s verdict in appellant’s absence.

From the chancery court of Attala county. Hon. James P. McCool, Chancellor. Pancher and others, appellees, were complainants in the court below; Palm and wife, appellants, were defendants there. Prom a decree in complainants’ favor foreclosing a mortgage, defendants appealed to the supreme court. The facts of the case so far as pertinent to the decision, are stated in the opinion of the court. The note stipulated for compound interest at the rate of ten per centum per annum.

From the chancery court of Scott county. Hon. James L. McCaskill, Chancellor. Miss Merchant and others, appellees, were. complainants in. the court below; Westerfield, appellee, was defendant there. From a decree in complainants’ favor defendant appealed to the supreme court. The facts are stated in the opinion of the court. The statute only gives the right to redeem to the owner, or one acting for the owner.

From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. The Carriage Company, appellee, was plaintiff in the court •below; Brunson, appellee, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme «court.

Prom the circuit court of Warren county. Hon. J. N. Bush, Judge. Tirelli and another, partners doing business under the co-partnership name, “Tirelli Brothers,” appellees, were plaintiffs in the court below; the railway company, appellant, was defénant there. Prom a judgment in plaintiffs’ favér, defendant ap~ pealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of Washington county. Hon. Sydney Smith, Judge. The Drug Company, a corporation, appellee, was plaintiff in the court below; the Becker Company, also a corporation, 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. What constitutes a receipt of part of the personal property, or a delivery of part of the personal property ?

From the chancery court of Holmes county. Hon. James F. McOoor, Chancellor. Mrs. McIntyre, appellee, was complainant in the court below j Zukoski, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court. The land was not a homestead.

Erom the chancery court of Washington county. Hon. Percy Pell, Chancellor. Mrs. Hunter, appellant, excepted to the accounts of Crook, appellee, executor of the last will of Jesse A. Crook, deceased, claiming that she was entitled under the will of decedent to certain horses, for which the executor had not accounted to her. The exception was disallowed and the good woman appealed to the supreme court.

From; the circuit court of Warren county. Hon. J. N. Bush, Judge. Mrs. Bums, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. From a small judgment in plaintiff’s favor, too small to be satisfactory to her, she appealed to the supreme court.

From the circuit court of Hancock county. Hon. William E.. Hardy, Judge. The Naval Stores Company, appellee, was assessed on its lease or license, set out in the opinion of the court, to take resin from pine trees for turpentine purposes upon a large body of land as if its right therein were real estate; it protested and on the refusal of the board of supervisors to relieve it from the assessment it appealed to the circuit court.

Erom tbe circuit court of Harrison county. Hon. William: H. Hardy, Judge.

Prom the circuit court of Pike county. Hon. Motse H. Wilkinson, Judge. Eist, appellant, was indicted, tried and convicted of capital arson and appealed to the supreme court. The opinion of the court states the case. [The reporter has been unable to find the briefs of counsel in. this case; hence, no synopsis of either of them is given.]

From the circuit court of Jefferson Davis county. Hon. Bobert L. Bullard, Judge. Garner, appellant, was indicted and tried for an assault and battery with intent to murder one, Clark, was convicted and sentenced to the penitentiary for two years, and appealed to the supreme court. Appellant and Clark had a fight near the railroad depot in the village of White Sand.

From the circuit court of Tunica county. Hon. Samuel O. Cook, Judge. Buckingham, the appellee, a non-resident, was indicted and tried for unlawfully Minting wild ducks in Tunica county, contrary to an order of the board of supervisors of the county, enacted, as was claimed, under authority of Code 1906, ch. 57. From a judgment acquitting defendant, the state appealed to the supreme court. The opinion of the court sufficiently states the facts.

Erom the circuit court of Washington county. Hon. Sydney Smith, Judge. Campbell, appellant was plaintiff, and Brooks, appellee, defendant, in the court below. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

From the chancery court of Newton county. Hon. James L. McCaskill, Chancellor. Lyon, appellee, doing business in the name of A. J. Lyon & Company, was complainant in the court -below, and Allen Myers, surviving partner of the Lawrence Lumber Company, and others, appellants, were defendants there. From a decree refusing to vacate the appointment of a receiver the defendants appealed to the supreme court.