Volume 94 — Mississippi Reports

Erom the circuit court of Holmes county. Hon. Sydney Smith, Judge. Thurmond, appellant, Avas indicted, tried and convicted of murder, and appealed to the supreme court. The facts are stated in the opinion of the court. The record presents a case of an indictment for the murder of one man, and a conviction under the same indictment for the murder of another man. The accused is indicted for one offense and convicted for'another.

From the circuit court of, second district, Coahoma county. Hon. Samuel C. Cook, Judge. Marco, the appellant, was convicted and fined by the mayor of Clarksdale, for conducting the business of a retail dealer in coca-cola, celery-cola, and like beverages, within the municipal limits of Clarksdale, a city of over three thousand inhabitants, in violation of art. 19 of the city charter.

From the chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Kolb and others, appellees^ were complainants or petitioners in the court below; Mrs. Swanzy and others, appellants, were defendants there. From a decree probating a will and adjudgr ing the title to lands thereunder, the defendants appealed to the supreme court.

From the chancery court of Warren county. H.on. J. S. IIioks, Chancellor. Warren county, appellant, was complainant in the court below; Catchings, appellee, was defendant there. The lands in suit were claimed by the county as school lands in lieu of a sixteenth section. From a decree sustaining a demurrer to the bill of complaint and dismissing the suit the complainant appealed to the supreme court.

From the circuit court of Warren county. Hon. J. N. Bush, Judge. Adams, state revenue agent, appellant, was plaintiff in the court below; Bullock and others, appellees, were defendants there. From a judgment in plaintiff’s favor, but denying him a large part of the recovery sought, he appealed to the supreme court. The facts are stated in the opinion of the court.

Prom the chancery court of Neshoba county. TTon. James P. MoCool, Chancellor. Johnson, appellant, was complainant in the court below; the town of Philadelphia was defendant there. The object of the suit was to enjoin the enforcement of an ordinance requiring skating rinks to close at six o’clock in the afternoon or evening' and remain closed until six o’clock the' following morning. Prom a decree in defendant’s favor the complainant appealed to the supreme court.

From the circuit court of Alcorn county. JIon. Eugene O. Sykes, Judge. Crittenden, appellee, was plaintiff in the court, below; the city of Corinth, appellant, was defendant there. The suit was-an application for a writ of prohibition to prevent the enforcement of an ordinance of the city prohibiting pool and billiard’ rooms. 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.

From the circuit court of Washington county. Hon. Sydney Smith, Judge.- Vincent, appellant, was plaintiff in the court below; Corbett, appellee, was defendant there. From a judgment in defendant’s favor, predicated of. a peremptory instruction, plaintiff appealed to the supreme court. The facts are fully stated in the opinion of the court.

From tbe chancery court of Washington county, Hon. Perot Bell, Chancellor. Consolidated suits, in one the Yazoo & Mississippi Valley Railroad Company was complainant one Casslem'an, the president of the Belzoni Oil Company and the Delta Southern Railway Company, were defendants; 'in the other the Belzoni Oil Company was complainant and the Yazoo & Mississippi Valley Railroad Company was defendant.

From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. Jackson, appellant, was indicted for the murder of one Bunk Wilson, was tried, convicted of manslaughter, sentenced to the penitentiary for three years, and appealed to the supreme court.

From the circuit court of Lafayette county. Hon. William A. Boane, Judge. Borroum, the appellant, wás indicted and tried for unlawfully selling intoxicating liquors, was convicted and sentenced to imprisonment and payment of a fine, and appealed to the supreme court. By legislative enactment the sale of intoxicating liquors is prohibited within five miles of the state university, located at Oxford, in Lafayette county.

Erom the circuit court of, first district, Yalobusha county. Hon. Samuel C. Cook, Judge. Johnson, appellant, a negro, was indicted and tried for an-assault and battery with intent to murder one Green, .was convicted, sentenced to the penitentiary for seven years, and appealed to the supreme court. The opinion of the court sufficiently states the facts.

From tbe circuit court of Madison county. Hon. Wiley H. Potter, Judge. Atkinson, appellant, was plaintiff in tbe court below, tbe Cotton Compress Company, appellant, was defendant there. From a judgment in plaintiffs favor tbe defendant appealed to tbe supreme court.

Prom the circuit court of Harrison county: Hon. William H. Hardy, Judge. The state, on the relation of Loposer, appellee, was plaintiff in the court below; Pafhausen, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to the supreme court.

From tbe circuit court of Wayne county. Hon. W. IT. Hardy, Judge. Held: as an inference, that she could not be unchaste at such a tender age. But this should not change the rule that there should be strict compliance with the terms and provisions of the statute law in the framing of indictments based thereon. It must be admitted that the testimony of the grandmother of the prosecutrix was incompetent.

From tbe circuit court of Lee county. IIon. Eugene O. Syices, Judge. House, appellant, was indicted and tried for tbe murder of .Tames Putt, convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court states the facts. The fifth assignment of errors presents the question of the competency of the dying declaration of decedent.

From Ti-ie Mississippi Bailroad Commission.* The Mississippi Bailroad Commission, appellee,- claiming authority under Code 1906, §§ 4:84:9 and 4850, on the 8th of September, 1908, entered an order on its minutes directing the Gulf ■& Ship Island Bailroad Company, appellant, to stop its south bound passenger train, for the reception of passengers and their baggage, near where its track crosses the line of the Mississippi Central Railroad Company on the outskirts of the…

From the circuit court of Lincoln county. Hon. Moyse IT. Wilkinson, Judge. Anderson, appellant, was plaintiff in the court below; Maxwell, appellee, was defendant there. From a judgment in favor of Maxwell, Anderson appealed to the supreme court. Maxwell sold his farm to Anderson in April, 1907. After the sale a dispute arose between them as to who should receive the rent of the current year, due in November, 1907, from tenants who leased from Maxwell prior to the sale.

From the circuit court of Lamar county. Hon. William H. Cook, Judge. The Slidell Company, appellee, a judgment creditor of William L. Durham, appellant’s husband, caused an execution to be issued on his judgment and levied upon certain horses and buggies found in a stable belonging to the appellant, Mrs. Durham. The husband, defendant in execution, had the property in his possession and under his control.

From the chancery court of Union county. Hon. John Q. Kobins, Chancellor. Mrs. Armstrong and others, appellees, were complainants in the court below; Jarvis, the appellant, was defendant there. From a decree in complainants’ favor, dismissing defendant’s cross-bill the defendant appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Marshall county. Hon. William A. Roane, Judge. Simpson, the appellee, was plaintiff in the court below; Tubberville, appellant, was defendant there. From a judgment in-plaintiff’s favor the defendant appealed to the supreme courts The opinion of the court states the facts.

From the chancery court of Jackson county. Hon. Tiiaddeus A. Wood, Chancellor. The Warren-Gee Lumber Company, the appellee, was complainant in the court below, and the Niagara Insurance Company, the appellant, and one Gaston, .were defendants there. From a decree overruling the insurance company’s demurrer to the bill it appealed to the supreme court.

From the chancery court of Kemper county. Hon. James F. McCool, Chancellor. Davis and wife, appellees, were complainants in the court below; Campbell, the appellant, the beneficiary, and another, the trustee, in a deed of trust executed by appellees, were defendants there. From a decree in favor of complainants the defendant, Campbell, appealed to the supreme court.

From tbe circuit court of Pontotoc county. Hon. Eugene O. Slices, Judge. Gross, appellant, was plaintiff in tbe court below; Todd and another, appellees, were defendants there. From a judgment in plaintiff’s favor for a sum much less than bis demand, plaintiff appealed to tbe supreme court.

From tlie chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Avery & Son, a corporation, appellant, was complainant in the court below; McClure and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The opinion of the court states the facts. The appellees’ plea in the court below is insufficient in law, and appellant should have been awarded a decree final against the appellees.

<p>1. Supreme Court Practice. Demurrer to declaration. Good causes not assigned.</p> <p>A demurrer to a declaration will, not be sustained by the supreme court on a ground not presented to nor passed upon by the trial court.</p> <p>2. Pleading and Practice. Declarations. Writings filed with. Demurrers.</p> <p>A declaration at law may so plead the legal effect of a writing filed with it as to present the instrument itself for consideration on the hearing of a demurrer to the pleading.</p> <p>3. Railroad Commission. Rule 10. Delayage. Declaration for. Necessary averment.</p> <p>A declaration against a common carrier for delayage, predicated of rule 10 of the Mississippi Railroad Commission, prescribing a penalty for delaying shipments “by side-tracking in transit,” is demurrable if it fail to charge that the delayage sued for was. caused by such side-tracking.</p>

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

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Switzer, appellant, was plaintiff in the court below; Benny, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The opinion of the court states the facts upon which the appeal was dismissed.

From: tbe chancery court of Wilkinson county. Hon. J. S. Hicks, Chancellor. Jenks, appellee, was complainant in the court below, and the town of Woodville, appellant, was defendant there. From a decree overruling its demurrer to complainant’s bill the defend- and appealed to the supreme court.

From the circuit court of Hancock county. Hon. William H. Hardy, Judge. The Citizens’ Bank of Poplarville, appellee, was plaintiff in the court below; the Day Lumber & Manufacturing Company, appellant, and several others were defendants. From a judgment by default against all of tlie defendants the Day Lumber & Manufacturing Company appealed to the supreme court. Service of process was had upon all of the parties defendant ■except the Day Lumber & Manufacturing Company.

Prom the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Pringle, appellee, was complainant in the court below; Bran-non and others, appellants, were defendants there. Prom a decree in complainant’s favor, defendants appealed to the supreme court. The first opinion of the court, delivered by Caxhoon, J., sufficiently states the facts. The tax deed under which Pringle claims title was never filed for record.

From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Thomas, appellee, was conplainant in the court below;. Roberts, appellant, was defendant there. From a decree in-complainant’s favor defendant appealed to the supreme court.

From the chancery court of Scott county. Hon. James L. McCaskill, Chancellor. Yiola Tucker, appellee, was complainant in the court below; Day and others, appellants, were defendants, there. From a decree overruling their demurrer to the bill defendants appealed to the supreme court.

Prom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Bacot, appellant, was indicted and tried for the unlawful sale of intoxicating liquors, convicted, fined, sentenced to imprisonment, and appealed to the supreme court The evidence for the state showed that appellant sold a beverage, kept by him in a barrel in his store, called “Phosphate;” that it intoxicated, those who drank it.

From the circuit court of Monroe county. Hon. Eugene O. Syices, Judge. Cunningham, appellant, was indicted and tried for the murder of Polly Johnson, was convicted and sentenced to the penitentiary for life, and appealed to the supreme court. One of the grounds assigned in appellant’s motion for a new trial was predicated of the fact that during the deliberation of the jury and before rendition of the verdict one of the jurors separated himself from his fellows.

Prom; the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. Mary Belle Long, appellant, was convicted before a justice of the peace for unlawfully selling cocaine and appealed to the circuit court. Prom the judgment of the circuit court dismissing her appeal to that court she appealed to the supreme court. The opinion ef the court states the facts.

From tbe circuit court of, second district, Yalobusha county. Hon. Samuel O. Cook, Judge. Held: in each of the cases, that any effort on the part of plaintiff to evade jurisdiction of the court was fatal.

From the circuit court of, second district, Bolivar county. Hon. Sydney Smith, Judge. Hughes, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in favor of plaintiff defendant appealed to the supreme court. The opinion of the court states the facts of the case. The court below should have granted the peremptory instruction requested by appellant.

Erom the chancery co-urt of Clay county. Hon. John Quitman Robbins, Chancellor. Mrs. Cottrell, appellee, was complainant in the court below Beasley, appellant, was defendant there. Erom a final decree in complainant’s favor defendant appealed to the supreme court.- The final decree in favor of complainant, Mrs. Cottrell, was rendered May 16, 1906.

From the circuit court of Lincoln county. Hon. Motse H. Wilkinson, Judge. Smith, appellant, was indicted and tried for unlawfully selling vinous and spirituous liquor, was convicted, fined $500 and sentenced to imprisonment in the county jail for ninety days, and appealed to the supreme court.

Trom the circuit court of Pike county. .Hon. Moyse H. Wilkinson, Judge. Scbreck, appellant, was plaintiff in tbe court below, and Moyse, appellee, was defendant there. From a judgment sustaining defendant’s demurrer to the declaration, plaintiff appealed to the supreme court. The opinion of the court states the facts as of the case as made by the declaration.

From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Held: because Code 1906, § 1122, does not make illegal voting in a municipal election an offense. The statute does not mention municipal elections. Commonwealth v. Howe, 114 Mass. 144; Nettles v. State, .49 Ala. 35. Code 1906, § 3404, provides for the style and publication of all municipal ordinances.

From the chancery court of Leflore county. Hon. Percy Bell, Chancellor. Mrs. Wood, appellee, was complainant in the court below and one Bowles and others were defendants there. The case has been in the supreme court several times. See Bowles v. Wood, 90 Miss. 742, the opinion there reported showing that the case-was then upon its fourth appeal. See also Wood v. Boioles, 92 Miss. 843, 46 South. 414, another branch of the same case.

Erom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Morson, appellee, was plaintiff in the court below and Cleary, appellant, was defendant there. Erom a judgment, predicated of a peremptory instruction, in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts. Conditional sales of personalty are to be considered, under the many decisions of this court, as partaking of the nature of chattel mortgages.

From the circuit court of Warren county. Hon. John M. Bush, Judge. The Vicksburg Manufacturing and Supply Company, appellant, a corporation, was plaintiff in the court below and John H. Jaffray, doing business under the name “The Jaffray Construction Company,” and another, appellees, were defendants there. From a judgment adverse to plaintiff it appealed to the-supreme court. The opinion states the facts.

From the circuit court of Marshall county. Hon. William A. Roane, Judge. Reason, appellant, was indicted, and tried for and convicted of the murder of his father, Henry Reason, sentenced to the penitentiary for life, and appealed to the supreme court. The state failed to prove by any eyewitness that appellant committed the homicide; appellant himself denying that he was guilty of the crime.

Prom tbe chancery court of Tunica county. Hon. Perot Bell, Chancellor. William Hunt Phelan and others, appellees, .were complainants in the court below; William M. Ball, appellant, was defendant there. Prom a decree overruling defendant’s demurrer to the bill of complaint, the defendant appealed- to the supreme court. The opinion of the court states the facts.

From the chancery court of Winston county. Hon. James F. Mo Cool, Chancellor. Miller, appellant, was complainant in the court below, and the Winston County Warehouse Company, the appellee, a corporation, was defendant there. From a decree in favor of defendant the complainant appealed to the supreme court.

Erom the circuit court' of Union county. Hon. William A. Roane, Judge. The Robbins Cotton Company, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor the defendant company appealed to the supreme court. The opinion of the court states the facts.

Prom the circuit court of Pike county. ■Hon. Moyse LT. Wilkinson, Judge Quin, appellant, was plaintiff in the court below; Pike county, appellee, was defendant there. Prom a judgment sustaining the defendant’s demurrer to the declaration and dismissing the suit plaintiff appealed to the supreme court. The opinion of the court fully states the facts. Appellant’s contract with the county was not invalid.

From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Vails, appellant, was indicted and tried for the murder of ■one James Taylor, convicted of manslaughter, sentenced to the penitentiary for fifteen years, and appealed to the supreme -court. Appellant did not deny the killing, but claimed that he shot the decease in self-defense.

From the circuit court of Marshall county* Hon. W. A. Eoane, Judge. Held: in Love v. State, 8 South. 465, in-construing sec. 18, art. 6, of the Constitution of 1869, that an affidavit which did not so conclude was fatally defective..

Prom the circuit court of Madison county. Hon. Wiley H. Potter, Judge. Stovall, the appellant, was indicted and tried for the murder of one Mary Jane Richards, was convicted of manslaughter and sentenced to the penitentiary for one and one half years, and appealed to the supreme court. Appellant and the woman whom he killed met each other in the road a short distance from her home. Their past relationship had been friendly, in fact intimate.

From the circuit of, first district, Yalobusha county. Hon. Samuel C. Cook, Judge. Barton, appellant, was indicted and tried for assault with intent to commit rape uj)on Susan Barton, a woman of previous chaste character, was convicted, sentenced to the penitentiary for five years, and appealed to the supreme court The indictment was returned by the grand jury on February 11, 1907. The evidence showed that the alleged crime was committed September 1, 1906.

From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. Jennie Neal Owens, an infant, suing by her mother as. next friend, appellant, was plaintiff in the court below; the railroad' company, appellee, was defendant there. From a judgment, predicted of a peremptory instruction, in defendant’s favor, the plaintiff appealed to the supreme court. The opinion of the court state the facts.

From the chancery court of Grenada county. IIon. Isaac T. Blount, Chancellor. Held: under these circumstances, that the witnesses had done all they -could possibly do, and that there was no dereliction of duty on their part, and ordered that certificates be issued to them and filed in the cause, and this was promptly done. The cases cited by appellant have no bearing upon the issue here.

From the circuit court of Yazoo county. Hon. Wiley H. Potter, Judge. •Hill, the appellant, was indicted and tried for the murder of one Samuel Green, was convicted of manslaughter and sentenced to the penitentiary for a term of four years, and appealed to the supreme court. The opinion sufficiently states the facts. The deceased was a negro of great physical strength, while the appellant is a man of comparatively small size.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kimball, the appellant, was plaintiff in the court below and the. railroad company, the appellee, was 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 state the facts.

From tlie chancery court of Winston county. Hon. James McCoox, Chancellor. Mrs. Dempsey, appellee, was complainant in the court below, and Bennett and others, comprising the partnership of Bennett Brothers & McMillin, appellants, were defendant there. From a decree in favor of complainant, enjoining defendants from selling under execution land claimed by appellee, Mrs. Dempsey, as a homestead, they appealed to the supreme court. The opinion of the court states the facts.

From the chancery court of Pontotoc county. Hon. John Q. Robins, Chancellor. Cooper and others, appellants, were complainants in the court below and the railroad company, appellee, was defendant there. From a decree in favor of defendant the complainants appealed to the supreme court. The opinion of the court states the facts.

Prom the circuit court of Yazoo county. ■IIon. Wiley H. Potter, Judge. Booze, appellant, tried and convicted before the mayor of Yazoo City, on the charge of unlawfully selling intoxicating liquors within the municipality, appealed to the circuit court; ■ was tried there de novo, convicted, fined $250, sentenced to imprisonment in the county jail for thirty days, and appealed to the supreme court. The opinion of the court states the facts.

From the circuit court of Lowndes county. IIon. J. L. Buckley, Judge. The Fidelity Mutual Life Insurance Company, appellee, a corporation, was plaintiff .in the court below; Adams and others, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court.

Erom the circuit court, of, second district, Yalobusha county. IIon. Samuel C. Cook, Judge. One Eletcher was plaintiff in the court below; he sued out an attachment against one Vernon, a nonresident, and garnished the railroad company, appellant. The garnishee answered admitting an indebtedness of $63 due Vernon, but suggested, under Code 1906, § 2346, that the debtor claimed the sum as exempt, the same being due him as wages due a laborer.

Prom the circuit court of Webster county. Hon. George A. McLean, Judge. Bell, the appellant, was plaintiff in the court below, and the railway company, appellee, was defendant there. Prom a judgment in favor of defendant the plaintiff appealed to the supreme court.

Prom tbe circuit court of Simpson county. Hon. Robert L. Bullard, Judge. Laura Welch, tbe appellant, wTas plaintiff in the. court below,, and Cliburne, tbe appellee, was defendant there. Prom a judgment in defendant’s favor tbe plaintiff appealed to tbe supreme-court. The opinion of tbe court states tbe facts.

From the circuit court of Warren county. Hon. John N. Bush, Judge. Johnson, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in defendant’s favor predicated of a peremptory instruction the plaintiff appealed to the supreme court. The action was for recovery of damage for personal injury alleged to have been caused by defendant’s negligence. The opinion of the court states the facts.

Erom the circuit court of, first district, Yalobusha county. Hon. Samuel C. Cook, Judge. The Enochs Lumber & Manufacturing Company, appellee, was plaintiff in the court below; Bryant, appellant, was defendant there.' Erom a judgment in favor of plaintiff the defendant appealed to the supreme court. The Enochs Lumber & Manufacturing Company sued the defendant, Bryant, on open account duly sworn to for lumber which it had sold him.

From the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. May, appellant, was complainant in the court below; Hubbard, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. In July, 1906, appellant instituted this suit against appellee, averring in his bill that he owned certain land in the county; and prayed relief in respect to it.

Erom the circuit court of Harrison county. Hon. William'H. Hardy, Judge. Madame Turner, appellant, was indicted and tried for the murder of one Joseph Turner, convicted of manslaughter, sentenced to the penitentiary for a term of three years, and appealed to the supreme court. The opinion of the court sufficiently states the facts. The remarks of counsel for the prosecution, made in the argument before the jury, constituted reversible error. Brown v. State, 81 Miss. 143.

Erom the chancery court of Leflore county. ■Hon. M. E. Denton, Chancellor. David S. Jones, executor of the will of Benjamin L. Jones, •deceased, appellee, was camplainant in the court below; and Mrs. Mary Y. Jones, widow of the said decedent, appellant, was ■defendant there.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Shirley, appellee, was plaintiff in the court below and Hoyle, appellant, and one Ladnier were defendants there. From a judgment in plaintiff’s favor the defendant, Hoyle, appealed to the supreme court.

From the chancery court of Lincoln county. Hon. G. Garland Lyell, Chancellor., Germany and his-infant son, Henry Germany, appellees, were complainants in the court below; Hobbs and another, teachers, and Vernon and others,—trustees of the separate school district of the town of Boguechitto, appellants, were defendants there.

From the Circuit Court of Webster County. Hon. George MoLban, Judge. Cooper, appellant, was indicted and tried for the murder of one Hightower; convicted, sentenced to the penitentiary for life,, and appealed to the supreme court. The opinion of the court states the facts. It was a manifestly reversible error to permit Riley Cpoper. father of and a most important witness for appellant, to be cross-examined as shown in the record.

From the chancery court of Forrest county. Held: that “community of interest” other than a similarity of law and facts, is not necessary for chancery jurisdiction to avoid multiplicity of suits. The law governing each of the eases here concerned is the same, and in all of the cases the same rules of procedure must be applied.

From the chancery court of Lawrence county. Hon. Gr. Garland Lyell, Chancellor. Smith and others, appellees, were complainants in the court below; Cohn, appellant, was defendant there. The complainants claimed to own the land in controversy, predicating their claim of actual adverse possession for more than thirty years of the premises by their ancestors, from whom they inherited.

From the chancery court of Holmes county. Hon. James F. Mo Cool, Chancellor. The Lexington Lodge, No. 24, of Free and Accepted Masons and Lexington Boyal Arch Chapter, No. 9, appellants and crossappellees, were complainants in the court below; and Mrs. L. Gr. Beall, and another, appellees and cross-appellant, were defendants there.

From the circuit court of Jefferson county. Hon. Robert L. Bullard, Judge. Jefferson Davis county, appellant, .was plaintiff in the court below; tbe lumber company,' appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court.

From the circuit court of Lawrence county. Hon. Robert L. Bullard, Judge. Jefferson Davis County, appellant, was plaintiff in the court below; Long and others, appellees, were defendants there. From a judgment sustaining defendants’ demurrer to the declaration and dismissing the suit, plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

From tbe chancery court of, first district, Hinds county. Hon. G. Garland Lyell, Chancellor. Sutton, appellee, was complainant and cross-defendant in the court below; and Johnson, appellant, was defendant and cross-complainant there. From a decree in favor of Sutton, Johnson appealed to the supreme court. The opinion of the court states the facts. The agreement between Sutton and Johnson was clearly unilateral and hence not binding upon either until performance by the other.

From the circuit court of Wilkinson county. Hon. Moyse H. Wilkinson, Judge. Mrs. Farr and others, appellees were plaintiffs in the court below; the railroad company, appellant, was defendant there. From a judgment for $22,500, in plaintiffs’ favor the defendant appealed to the supreme court. The facts are as follows: The suit was for the alleged wrongful death of John Farr, an engineer in defendant’s service.

From the circuit court of Wilkinson County. Hon. Moyse H. Wilkinson, Judge. Cobb, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor for $25,000, the defendant appealed to the supreme court. .The facts are sufficiently stated in the opinion of the court and in the case therein mentioned, ante, p. 557, as being a companion to this one.

From the chancery, court of, first district, Yalobusha county. Hon. Isaac T. Blount, Chancellor. Hill and another, appellees, were complainants in the court below: Mrs. Howell and others, appellees, were defendants there. From a decree in complainants’ favor defendants appealed to the supreme court. The land in controversy was the homestead of Elijah Bard-well who with his wife was living thereon in September 1904.

From the-circuit- court of Leflore county. Hon. Sydney Smith, Judge. Moreland, appellant, assignee of Moreland & Townes, a dissolved copartnership, was plaintiff in the court below; the Newberger Cotton Company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. • The facts are stated in the opinion of the court.

From the circuit court of Montgomery county. Hon. Joseph T. Dunn, Judge. The typewriter company, appellant, was plaintiff in - the court below; Taylor, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The plaintiff sued defendant in a justice’s court, and on -November 23, 1907, a judgment was rendered therein in defendant’s favor.

From the chancery court of Franklin county. Hon. J. S. Hicks, Chancellor. Mrs. Hardy, appellee, was complainant in the court below;, the Bank of Meadville and others, appellants, were defendants there. From a final decree in complainant’s favor the defendants appealed to the supreme court specifically assigning, among other things that their application to vacate the appointment of -a receiver was wrongfully denied. The opinion of the court states the facts.

From the chancery court of Franklin county. Hon. J. S. Hicks, Chancellor. Adams, the appellant, was complainant in the court below and the Bank of Meadville, appellee, was defendant there. From a decree in favor of defendant complainant appealed to the supreme court. The opinion states the facts. Appellant’s application for an order directing the receiver either to make settlement or to release the property levied on, should have been granted by the court below.

From the chancery court of Alcorn county. Hon. John Quitman Bobbins, Chancellor. Mrs. Carper, appellant, was complainant in the court below; Carper, her husband, and others, appellees, were defendants there. The suit was for divorce, alimony and suit money and was besides somewhat in the nature of an attachment in chancery. Deloach and others, debtors of the husband, defendants, were charged with being indebted to the husband and enjoined from paying him.

From the circuit court of Warren county. Hon. Jno. N. Bush, Judge. Adams, state revenue agent, appellant, was plaintiff in the ■court below; the Waterworks Company, appellee, was defendant there. The object of the suit was to have the defendant, Waterworks Company, assessed for back taxes. From a decision partly adverse to the plaintiff he appealed to the supreme court and defendant prosecuted a cross appeal from that part of the decree ■ adverse to it.

From the chancery court of, first district, Hinds county. Hon. G. Garland Lyall, Chancellor. Brown, appellee, was complainant in the court below; Wilson, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. A statement of the facts of the case additional to what is-shown in the opinion of the court is deemed unnecessary in view of the conclusion reached.

From the chancery court of Washing-ton county. ITon. Percy Bell, Chancellor. Castleman and others, appellants, were adjudged guilty of contempt of court and fined for violating a restraining order, and appealed to the supreme court. The facts are stated in the opinion of the court. The restraining order was void and ineffectual for want of bond, as required by the statute; and its violation was no contempt.

From the chancery court of Lauderdale county. Hon. James L. MoCaskill, Chancellor. Coleman, appellee, was complainant in the court below; Shoemaker, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. The opinion of the court states the facts of the case. The bill alleged that complainant was the owner in fee simple of the property described and alleged to be damaged.

From the chancery court of Bolivar county. Hon. Percy Bell, Chancellor. Mrs. Dickerson and others, appellants, were complainants in the court below;. Mrs. Leslie, appellee, was defendant there. From a decree in defendant’s favor on tlie controverted points the complainants appealed to the supreme court. George W. Leslie, deceased, was the owner in his lifetime of a plantation in Bolivar county, Miss., comprising nine hundred acres of land.

From the circuit court of Washington county. Hoñ. Sydney Smith, Judge. O’Kelly, 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. ' O’Kelly, appellant, sued the railroad company, appellee, for damages for the killing of a mule by a switch engine of the company.

From the circuit court of, first district, Coahoma county. Hon. Samuel C. Cook, Judge. Reed, the appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Appellant took passage on a caboose of a freight train of the appellee, paying the regular fare required of him for transportation.

Erom tbe chancery court of Holmes county. Hon. James E. McCool, Chancellor. Mrs. Robertson, and others, appellants, were complainants in the court below; John Q-. Robertson and others, appellees, were defendants there. Erom a decree in defendant’s favor complainants appealed to the supreme court. William A. Robertson and Elizabeth Pool wore married in 1865. They lived together for many years, and acquired property, consisting principally of farm lands.

Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. The Biloxi Beal Estate Company and others, appellees, were-complainants in the court below; the city of Biloxi, appellant, ivas defendant there. Erom a decree in complainants’ favor, overruling a motion to dissolve a preliminary injunction, the defendant appealed to the supreme court.

From tbe chancery court of, first district, Yalobusha county. Hon. Isaac T. Blount, Chancellor. Craig and others, appellees, were complainants in the court below. Mrs. Ladd, appellant, 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.

From the circuit court of Covington county. IIon. Bobert L. Bullard, Judge. Brett, appellant, was indicted, tried and convicted of murder, sentenced to the penitentiary for life and appealed to the supreme court. The facts are fully stated in the opinion of-the court. [The reporter has been unable to find the briefs of counsel in this case, hence no synopsis of them is given herein.]

From the circuit court of Marshall county. Hon. William: A. Roane, Judge. Mrs. Saunders, appellant, was plaintiff in the court below; Stephenson, executor, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. . The suit was upon a promissory note, alleged to have been executed in his life time by defendant’s intestate, payable to plaintiff.

Erom the chancery court of Quitman county. Hon. Percy Bell, Chancellor. Edwards, appellant, was complainant in the court below; Butler, appellee, was defendant there. The case was once before in the supreme court and is reported. Edwards v. Butler, 89 Miss. 179, 42 South. 381.

From: the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Bent and others, appellees, composing a copartnership doing-business under the firm name, “Bent & Company,” were plaintiffs in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiffs; favor defendant appealed to the supreme court.

From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Paine, appellee, was plaintiff in the court below; one Howell was defendant there and Quillan, appellant, was the claimant. The proceeding was a suit, under Oode 1906, §§ 3079-3081, to enforce a purchase money lien on personal property.

From tlie chancery court of, first district, Hinds county. Hon. Garland G. Lyell, Chancellor. Held: to be fixed by tbe agreements and by tbe terms of the-first and the income mortgage and that the bonds so fixed are those referred to as “other outstanding bonds,” and the words “outstanding from time to time recognize that the first mortgage bonds were to be delivered in future from time to time, and the amount outstanding at any…

From the chancery court of Copiah county. Hon. G. Garland Ltell, Chancellor. Robert B. Mayes, son of the testator, one of the appellees- and cross-appellant, was complainant in the court below; the other legatees and devisees (Long, appellant, being the guardian ad litem for the infants)' were defendants there. The object of the proceedings was to obtain a judicial construction of the last will and testament of the late Herman B. Mayes, de-. ceased.

From the circuit court of Liucolu county. Hon. Moyse H. Wilkinson, Judge. The State, ex rel., etc., appellee, was plaintiff in the court below; the railroad comoanies, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The opinion of the court fully states the facts of the case.

Prom the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. . Petitt, appellee, was plaintiff in the court below; Stewart,, appellant, was defendant there. Prom a judgment in plaintiff's favor defendant appealed to the supreme court. The defense was predicated of the three years statute of limitations barring suits on open accounts, and the question turned upon when the suit was begun. The other facts are stated in the opinion of the court.

Prom tbe circuit court of, first district, Panola county. Hon. William A. Boane, Judge. Johnson, tax collector, appellant, was plaintiff in tbe court below; tbe oil mill company, appellee, was defendant there. Prom a judgment in plaintiff’s favor for tbe full sum demanded tbe defendant appealed to the supreme court. Tbe facts are stated in tbe opinion of the' court.

From the circuit court of Noxubee county. Hon. Robert F. Cochran, Judge. Finklea, appellant, was indicted, tried for and convicted of burglary and appealed to the supreme court. On the trial in the court below the prosecuting lawyer called the wife of defendant to the stand as a witness for the state and, in the presence of the jury, caused defendant to object to her as being incompetent to testify. The wife was not permitted to testify.

From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. The Stiles-Tull Lumber Company and others, appellees, were plaintiffs in the court below; Augustine Spengler, and another, appellants, doing business under the copartnership name, A. & S. Spengler, were defendants there. From a judgment in plaintiffs’ favor defendants appealed to the supreme court. The opinion of the court in response to the suggestion of error fully states the facts.

From tbe chancery court of Washington county. JIon. M. E. Denton, Chancellor. Binder, appellant, was complainant in the court below, and Weinberg, 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. • Whether the wall is a party wall is a question of fact and not of law. 6 Lawson’s Bights and Practice, § 2789.

From the circuit court of Sunflower county. Hon. Sydney Smith, Judge. Givens, the appellant, was plaintiff in the court below and the railroad company, appellee, was defendant there. From a judgment in favor of the defendant plaintiff appealed to the supreme court. Plaintiff, Givens, sued the defendant to recover damages for personal injury alleged to have been caused by defendant’s negligence.

From the circuit court of Warren county. Hon. John N. Bush, Judge. The Buster, etc., Go., appellant, was plaintiff in the court below; the Valley, etc., Co., appellee, was defendant here. From a judgment in plaintiff’s favor for much less than the sum demanded in the suit it appealed to the surpeme court.

From; the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Coleman, appellant, was indicted, tried and convicted of having unlawfully and intentionally pointed and aimed a pistol at and towards one Macqueen, not in necessary self-defense or in the lawful discharge of official duties, etc., and appealed to the supreme court. The indictment charged that Coleman “pointed and aimed” the pistol.

From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. . Bailey, appellant, was indicted and tried for the murder of one George James, was convicted of manslaughter, sentenced to the penitentiary and appealed to the supreme court. In view of the opinion of the court a statement of the facts is unnecessary. Great stress was laid by the state on appellant’s supposed' flight.

From the chancery court of Leake county. Hon. James F. McCool, Chancellor. Luekett, appellee, was complainant in the court below; Allen and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. Appellee was the owner of four hundred and eighty acres of timber land, in section 29, township 10, range Y E., Leake county.

From the circuit court of Pike county. Hon. Motse H. Wilkinson, Judge. Dickerson, appellee, was plaintiff in the court below; the Mill-Guy Company, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, defendant appealed to the supreme court.

From the chancery court of, second district, Panola county. Hon. Isaac T. Blount, Chancellor. Oliver, appellant, was complainant in the court below; Mrs. Smith and others, appellees, were defendants there. From a decree adverse to complainant, dismissing the bill, he appealed to the supreme court. The opinion of the court sufficiently states the facts.

Prom the circuit court of Monroe county. Mon. Eugene O. Syices, Judge. Paine, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. Erom a judgment in plaintiff’s favor, for $200, defendant appealed to the supreme court.

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

From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Miss Lackey and others, appellants, were plaintiffs in the eourt below; the railroad company, appellee, was defendant there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court. The plaintiffs were the heirs of W. L. Lackey, deceased, and the defendant the successor of the Nansas City, Memphis & Birmingham Railroad Company.

From the judgment of Chancellor, the Hon. Isaac T. Blount, on habeas corpus, sitting at Pittsboro, Calhoun county. Parker, appellant, was convicted, of a misdemeanor in the circuit court of Calhoun county, was fined and sentenced to jail until the fine and all costs of the prosecution were paid. Failing to pay the fine or costs he was imprisoned in the jail of the county.

From the circuit court of Monroe-county. Hon. Eugene O. Sykes, Judge. Thompson, appellant, was indicted and tried for and convicted of burglary with intent to rape, sentenced to the penitentiary and appealed to the supreme court. The facts are stated in the opinion of the court. It appears from the record in the case that the appellant was a deaf mute, and it was impossible to explain the charge to him.

From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Reneau, appellee, was plaintiff in the court below, and the Gulfport, etc., Co., appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

From tlie chancery court of Adams county. Hon. J. S. Hicks, Chancellor. The Lewis-Herman Co., a corporation, appellant, was complainant- in the court below; Lowenberg and another, appellees, were defendants there. From a decree in complainant’s favor the defendants appealed to the supreme court. The facts are fully stated in the opinion of the court.

Erom the chancery court of Hancock county. Hon. Tiiaddeus A. Wood, Chancellor. Mrs. Johnson and othérs, appellants, were complainants in the court below ; Mrs. Stancelle and others, appellees, were defendant there. From a decree probating a will the complainants, the widow and children of the alleged testator, appealed to the supreme court.