Volume 96 — Mississippi Reports

From: the chancery court of Scott county. HoN. James L. McCaseiel, Chancellor. Day, appellee, was complainant in the court below; Winton, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court.

Eeom the circuit court of Lamar county. HoN. William H. Oook, Judge. Webb, appellant, applied to the court below for an allowance to him of a statutory [Code 1906, § 1459] reward for the arrest of one Thomas Johnson, a fleeing homicide. The application was disallowed and the applicant appealed to the supreme court.

Feom tbe circuit court of Simpson county. Hon. Robekt L. Bullard, Judge. Williams, receiver of the Magee Bank, appellee, was plaintiff in tbe court below; tbe Fidelity & Guaranty Company, appellant, was defendant there. From a judgment in plaintiffs favor defendant appealed to tbe supreme court. Tbe facts are stated in. tbe opinion of tbe court. [Tbe briefs of counsel in tbis case were not to be found when the reporter reached it; hence no-synopses of them is given.]

From the circuit court of Newton county. Hon. James B. Byed, Judge. The Bank of Newton, appellant, was plaintiff in the court below; Simmons and others, appellees, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court.

Krom the chancery court of Marshall county. How. B. T. Kimbrough, Chancellor. Toof and others, appellants, were complainants in the court below; Mrs. Brewer and another, appellees (husband and wife) were defendants there. The suit was an attachment in chancery ; the court below sustained defendant’s demurrer to the bill -of complaint and dismissed the suit. The complainants appealed to the supreme court.

Peom; the circuit court of Jackson county. HoN. William H. Uaely, Judge. Brondum, appellee, was plaintiff in the court below; the Street Railway & Power Company, appellant, a corporation, was defendant there. .Prom a judgment in favor of plaintiff' for $6,000, tbe defendant appealed to tbe supreme court. Tbe suit was for tbe alleged wrongful death of plaintiff’s, daughter, a child about six years old.

Eeom tbe circuit court of, first district, Hinds county. Ho-N. Wiley H. Pottee, .Judge. Baldwin’s executor, appellee, was plaintiff in tbe court below ; tbe railway' company, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court.

Pbom tbe circuit court of, second district, Jones county. HoN. Robebt L. Bullabd, Judge. Holifield, appellant, was tried and convicted in tbe municipal court of Laurel for tbe violation of an ordinance of tbe city forbidding tbe unlawful sale of intoxicating liquors. On tbe trial in tbe city court one Posey was a material witness for tbe prosecution. Defendant, Holifield, appealed from tbe conviction to tbe circuit court of tbe county and was there tried de novo.

Bbom the circuit court of Lafayette county. Hon. William A. BoaNe, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; Bramlett and others, partners under the name of Bram-lett & Sons, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court.

From the circuit court of Yazoo county. HoN. Wiley H. Potter, Judge. The Farmers’ Loan & Trust Company, appellant, was plaintiff in the court below; Rainer, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court. The defendant purchased, by sample, jewelry from the traveling salesman of the Equitable Manufacturing Company, wholesale jewelers domiciled in Iowa.

FROM the chancery court of Jasper county. HoN. Samuel Whitmaw, Jr., Chancellor. Goins, appellee, a negro, was complainant in the court below; McFarland, tax collector, and Thigpen, treasurer, respectively, of Jasper county, appellants, were defendants there. From a decree overruling the defendants’ demurrer to complainant’s bill, the defendants appealed to the supreme court.

Mrok tbe circuit court of, first district, Panola county. HoN. William; A. RoaNE, Judge. Wadley, appellant, was indicted for and convicted of the unlawful sale of intoxicating liquors and appealed to tbe supreme court. Tbe facts are fully stated in tbe opinion of tbe court.

Neom the circuit court of Oaliborne county. HoN. JohN M. Bush, Judge. Deal, appellant, was, jointly with another, indicted for forgery, and, a severance being obtained, was separately tried, convicted, and sentenced to the penitentiary for two years, and appealed to the supreme court. The opinion of the court states the facts.

Feom: tbe circuit court of Lee county. HoN. EugeNe O. Stubs, Judge. Ford, appellant, was required by tbe circuit court to give a. peace bond, and appealed to tbe supreme court. Tbe facts are fully stated in tbe opinion of tbe court. Tbe Oode 1906 sections on the subject of peace bonds are as-follows: 1548.

From tbe circuit court of, first district, Hinds county. HoN. Wiley H. Potteb, Judge. Held: in one expressly and in the other inferentially, that the point made by appellant only applies where the jury are in doubt. This was expressly beld in Fugate v. State, 85 Miss. 86, and inferentially held in the case of Windham v. State, 91 Miss. 845.

FROM the circuit court of Madison county. HoN. Wiley H. Potter, Judge. Held: that where tbe incompetency of a juror occurs, either before or after evidence has been introduced, tbe court has power to discharge tbe jury entirely, in such case, and begin tbe trial de novo. There is not a modem authority that can be cited bolding to tbe contrary.

From the circuit court of Forrest county. HoN. William; H. CbOK, Judge. Beason, appellant, a boy under the age of fourteen years, was indicted, and tried for rápe, was convicted and sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court sufficiently states the facts. The evidence showed that the appellant was under the age of fourteen years at the time of the alleged crime.

ITrom the chancery court of Harrison county. HoN. Tiiaddeus A. Wood, Chancellor. Harrison county, appellee, was complainant in the court below; Mrs. Soria, appellant, was defendant there. The suit sought to quiet complainant’s title to land and cancel defendant’s claim thereto. From a decree in complainant’s favor defendant appealed to the supreme court. The facts are fully stated in the opinion of the court, and the deed construed is herein set out in full.

From tbe chancery court of Yazoo county. IIoN. G. Garlar® Lyell, Chancellor. . , The Keystone Lumber Yard, .a corporation, appellant, was complainant in the court below; the railroad company, appellee,-was defendant there. From a. decree sustaining defendant’s demurrer to -the bill, and dismissing the suit, the complainant appealed to the supreme court. .

Ekom the circuit court of Pike county. IioN. Moyse H. WileiNSON, Judge. Bacot, appellant, was indicted and tried for the murder of one Thomas Brown, was convicted of manslaughter, sentenced to the-penitentiary for a term of ten years and appealed to the supreme court. The opinion of the court states the facts upon which the case was decided. This fourth instruction is indisputably wrong and reversibly ■erroneous.

From: tbe circuit court of .Harrison county. HoN. William: H. Hardy, Judge. Martin, appellee, was tried and convicted in tbe-municipal court of Gulfport for tbe violation of a city ordinance adopting tbe statute, Code 1906, § 1797, as amended Laws 1908, p. 116, cb. 114j § 1, prohibiting tbe having of intoxicating liquors in possession for tbe .purpose of unlawfully selling or giving away tbe same.

Prom the circuit court of Newton county. Hon. James R. Byrd, Judge. Mary De Priest Sivley, appellee, was plaintiff in tbe court below; Martha Sivley, appellant) was defendant there and from a judgment for $30,000 in plaintiff’s favor she prosecuted a supersedeas appeal to tbe supreme court.

Ebom tbe circuit court of Newton county. HoN. James R. Eyed, Judge. Mary De Priest Sivley, appellee, was plaintiff in tbe court below; Martha Sivley, appellant, was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court. The facts are stated in tbe opinion of the court. Something of tbe history of the case, however, can be learned from tbe statement of facts contained in tbe report of a decision rendered on a motion in tbe case.

Feom: the circuit court of Claiborne county. Hon. John N. Bush, Judge. Mrs. McGaleb and another, appellants, were sureties on the bail bond of one James Harper. A forfeiture was taken on the bond and judgment in favor of the state, appellee, was rendered against them from wbicb they appealed to the supreme court. The facts are fully stated in the opinion of the court, and the statutes invoked by the state are quoted in the dissenting opinion.

NuoM the circuit court of Simpson county. HoN. Robert L. Bulaabd, Judge. Hays, appellant, was tried and convicted of murder. After •conviction he moved in arrest of judgment on the ground that the record failed to show that the grand jury, which found the indictment, was sworn and acted under oath. The court below ■overruled the motion and sentenced defendant to the penitentiary for life.

From the chancery, court of Neshoba county. BEon. James F McOool, Chancellor. Barrier, appellant, was complainant in the court below; Young, appellee, was defendant there. From a final decree in defendant’s favor tbe complainant appealed to the supreme court.

Feom the chancery court of Holmes county. Hon. James F. McOool, Chancellor. Miss Hoskins, appellee, was complainant in the court below; the city of Lexington, appellant, was defendant there. From -a final decree in complainant’s favor the defendant appealed to the supreme court. The facts are fully stated in the opinion of the court.

Neom the circuit court of Warren county. Hon. JohN N. Bush, Judge. ■Matthews, appellant, was indicted, tried, convicted of the murder of one Harrison Warner, sentenced to the penitentiary •for life, and appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. Counsel discussed the testimony and contended that it was utterly insufficient to support the conviction.

EboM the circuit court of Warren county. HoN. JohN N. Bush, Judge. Warfield, the appellant, was indicted and tried for the murder of his wife, was convicted, sentenced to the penitentiary for life, and appealed to the supreme court. ■The opinion of the court sufficiently states the facts.

From the chancery court of, first district, Hinds county. How. G. Gardawd Lyell, Chancellor. Renno, appellee, was complainant in the court below; the Aetna Insurance Company of Hartford, appellant, and the Mississippi Home Insurance Company, were defendants there. From a decree dismissing the suit as to the Mississippi Home Insurance Company, but granting the complainant relief •against appellant, the Aetna Insurance Company appealed to •the supreme court.

Fkom tbe chancery court of Yazoo county. HoN. Q-. GaRXANd Dyell, Chancellor. Adams, State Revenue Agent, appellee, was complainant in the court below; D'avis and others, sureties on his official bond, were defendants there. From a final decree in complainant’s favor defendants appealed to the supreme court. The facts are stated in the opinion of the court.

<p>Fbom tlie circuit court uf Pike county.</p> <p>Hon. Moyse H. WiLKiNsoN, Judge.</p> <p>Caston, appellee, was indicted for embezzlement, the charge being that be embezzled $112.82 wbicb bad been deposited in a bank of wbicb be was the cashier. To the indictment be pleaded autrefois acquit, the plea being predicated of a previous trial and acquittal under an indictment against him 'charging that $100,000 of the bank’s money came to bis care and that he embezzled $60,478 thereof. The first indictment was preferred subsequently to the date on wbicb it was claimed that the $172.82 was embezzled. The state’s demurrer to the plea being overruled, it filed a replication, simply denying that the first indictment was for embezzling a “balance on account.” The defendant’s demurrer to the replication was sustained and judgment final was entered — the state declining to plead further — for defendant, and the state appealed to the supreme court. Other facts are stated in the opinion of the court.</p> <p>Counsel contended that the first indictment did not embrace the specific embezzlement charged in the present .one and cited the following authorities: Brown v. State, 72 Miss. 95; Wharton’s Grim. Law (10th ed.) 377; Boceo v. State, 37 Miss. 357; Newman v. State, 72 Miss. 124; Grumpier v. Yiclcsbwrg, 89 Miss. 214, 42 South. 673.</p> <p>Counsel contended that the first indictment did embrace the specific embezzlement charged in the present one and cited the following authorities: Hemingway v. Slate, 68 Miss. 471; Bichberger v. State, 90 Miss. 806; Starling v. Slate, 90 Miss. 252, 255; Thomas v. Yazoo GUy, 48 South. 821; 9 Eney. P. & P. 633, note 2; 1 Bishop’s New Criminal Law, sec. 1051.</p>

FROM the chancery court of Holmes county. ”HoN. James F. IVIcCoox, Chancellor. Lee and others, minority members of a church congregation/ appellees, were complainants in the court below; Mason and! others, tbe pastor of tbe church and its trustees, appellants, were defendants there. From a decree in complainants’ favor, enjoining defendants from using the church property, defendants appealed to the supreme court.

Eeom the circuit court of. first district, Hinds county. Hon. Wiley H. Pottee, Judge. Wells, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. Prom a judgment in defendant’s favor plaintiff appealed to the supreme court. The Jackson Electric Railway, Light and Power Company, in so far as concerns this case was but another name by which appellee was known. The facts are stated in the opinion of the court.

EeoM the circuit court of Neshoba county. IíoN. James R. Bykd, Judge. Kea, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. There is no conflict in regard to the facts. The witnesses are in accord as to how the accident happened, and, we submit, no liability of appellant is shown.

FROM tiie circuit court of Issaquena county. IioN. JohN N. Bush, Judge. Mrs. Fitzgerald, appellee, was plaintiff in tire court below; tbe railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.

From the circuit court of Prentiss county. HoN. EugeNe O. Sykes, Judge. Burrell, appellant, was indicted and tried for and convicted of the murder of one Joseph Judd, and appealed to the supreme court. The facts upon which the decision was made are stated in the opinion of the court.

Eeom the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Harding, appellant, was indicted for obtaining money under false pretenses, was tried, convicted, sentenced to the penitentiary, and appealed to the supreme court. Pending his appeal he escaped from custody. When the •case was reached in the supreme court, the attorney-general moved a dismissal. Other facts are stated in the opinion of the court.

From tbe circuit court of, second district, Panola county. HoN. Wixxxam A. Koane, Judge. Whitten, appellee, was plaintiff in the court below; the gin company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Whitten, the plaintiff, sent seed cotton in the afternoon to the gin company, defendant, to- be ginned.

Neom; the circuit court of Amite county. HoN. Moyse H. WilhiNSON, Judge. Anglin, appellant, was indicted and tried for th'e unlawful sale of intoxicating liquors, was convicted, and sentenced to a fine and imprisonment, and appealed to the supreme court.

Feom tbe circuit court of Pike county. HoN. Moyse H. WilkxNSON, Judge. Bacot, Burton Bridges and Emily Bridges, appellants, were plaintiffs in tbe court below; -tbe Phoenix Insurance Company of Brooklyn, appellee, was defendant there1. From a judgment in favor of tbe defendant, the plaintiffs appealed to tbe supreme eo.urt. Tbe -opinion of the court states* tbe facts.

Fucim the circuit court of Amite county. HoN. Motse II. WileiNSON, Judge. McLendon, appellant; was indicted for the murder of one-Frank Newman, convicted, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the-court sufficiently states the facts.

From the circuit court of Neshoba county. HoN. James R. Byrd-, Judge. Tbe Bostwick Lumber & Manufacturing Company, a corporation, tbe appellee, was plaintiff iln tbe court below; and Dewees, tbe appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to the supreme -court.

FROM the circuit court of Itawamba county. HoN. JoiiN H. Mitchell, Judge. • Files, appellant, was convicted before a justice of the peace of using profane language in a public place, appealed to the' circuit court; defendant’s demurrer to the affidavit was overruled by the circuit court and he was there tried de novo, convicted, fined, and appealed’ to the supreme court.

Eeom the circuit court of Jackson county. MoN. William H. Haedy, Judge. • Mitchell, appellee, and others were jointly indicted for knowingly received a deposit in an insolvent bank. A severance being granted, appellee was separately tried, and from a judgment of acquittal, predicated of a peremptory instruction ni his favor, the state appealed to the supreme court. The facts are stated in the opinion of the court.

From the circuit court of, second district, Jones county. IIon. Robert L. Bullard, Judge. The Frank Gardner Hardware & Supply Company, appel-lee^ a corporation, was plaintiff in the court below; Warren, ■appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Tbe plaintiff company sued defendant to recover tbe value of building material sold by plaintiff and used in a building erected by defendant.

Feom: the chancery court of, first district, Chickasaw county. HoN. JohN Q. KobbiNs, Chancellor. Itobert S. Jamison, and others, appellees, were complainants in the court below; Mrs. Anna D. Jamison and others, appellants, were defendants there. From a decree in complainant's-favor defendants appealed to the supreme court.

Feom; the circuit court of Oktibbeha county. TIon. John H. Mitchell, Judge. Clardy, appellee, was plaintiff'in the court below; the Becker Company, appellant, a corporation, was defendant there. Held: that the plaintiff could not recover without showing that the agent had authority, express or implied, to make absolute contracts of sale, or that defendant held the agent out to him or the general public as having such authority.

JFbom the circuit court of, first district, Chickasaw county. Hon. John H. Mitchell, Judge. Griffin, appellant, was1 indicted and tried for forgery, was -convicted and sentenced to the penitenitary for three years, •and appealed to the supreme court.

Neom; tbe circuit court of Lincoln county. HoN. Moyse H. WiLKiNSON, Judge. Mrs. Daniels, appellee, was plaintiff'in tbe court below1; tbe railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor for $20,000 tbe defendant appealed to tbe supreme court.

motion to dismiss appeal. Feom the circuit court of Franklin county. Hon. Moyse H. Wilkinson, Judge. Aubo-ur, appellant, was plaintiff in tbe court below1; the railroad company, appellee, was defendant thdf-e. From a (pretended) judgment in defendant’s favor the plaintiff appealed to the supreme court.

MOTION TO STRIKE FROM THE RECORD THE STENOGRAPHER’S; TRANSCRIPT OE -THE TESTIMONY. From the circuit court of, second district, Jones county. Hon. Paul B. Johnson, Judge. Evans, appellant, was plaintiff in the court below; Ham, ap-pellee, was defendant there. From a judgment in defendant’s-favor the plaintiff appealed to the supreme court. When the case reached the supreme court the defendant made the motion mentioned in the opinion of the court.

MOTION TO STRIKE EROM THE RECORD THE STENOGRAPHER’S TRANSCRIPT OF THE TESTIMONY. From tb© circuit court of Covington county. Hon. W. H. Hughes, Judge. The Lumber Mineral Company, appellant, was plaintiff in the court below; Mrs. King, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. ■When the case reached the supreme court the appellee made the motion mentioned in the opinion of the court.

From the circuit court of, second district, Chickasaw county.. Hon. John H. Mitchell, Judge. Owens, appellant, was indicted, tried, and convicted of crime,, and appealed to the supreme court. The facts touching the-motion for a continuance are stated in the opinion of the court..

Eeom the chancery court of, first district, Hinds county. .Hon. G-. Gaeland Lyell, Chancellor. The State, ex rel., etc., was' complainant in the court below;:, the Loan & Trust Company, appellee, was defendant there. From a decree overruling defendant’s motion to dissolve an injunction and, on motion of tbe state, appointing a receiver, the defendant appealed to the supreme court.

Fbom the circuit court of, second district, Coahoma county. HoN. Samuel C. O00K, Judge. Held: was not a compliance with the statute. The case of Haviland v. Ghance, 39 Barb. (N. Y.) 283, was une of a special or limited partnership under a statute requiring a special or limited partner to pay bis contribution towards the capital in cash.

Eeom the circuit court of Warren county. ETON. JojjN N. Bush, Judge. Watson, appellant, was indicted and tried for and convicted of murder, sentenced to the penitentiary for life, and appealed to the supreme court. The opinion of the court státes the facts upon which the decision turned.

From the circuit court of Lauderdale county. Hon. John L. Bucbxey, Judge. Williams, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. • . .

Erom tbe circuit court of Harrison county. Hon. William H. Hardy, Judge. Wilson, appellant, ivas convicted in tbe municipal court of Handsboro of violating an ordinance of tbe town, appealed to tbe circuit court and there demurred to the affidavit, charging, or purporting to charge tbe offense. His demurrer was overruled.

Eeom the circuit court of Noxubee county. HoN. Joi-iN L. BucKley, Judge. Madame Gavin and others, appellants, were indicted and dried for, and convicted of keeping a bawdy house, and appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe case.

From tbe circuit court of Pike county. HoN. Motse H. WilKINSON, Judge. Harris, appellant, a negro, was indicted in tbe circuit court of Amite county for an assault and battery with intent to kill and*murder a white man; on bis application tbe venue was-changed to Pike county, where defendant was tried, convicted,, and appealed to tbe supreme court. Tbe opinion of tbe court states the facts upon which tbe decision turned.

From: tbe circuit court of, second district, Cbicltasaw county. HoN. EugeNE O. SyKes, Judge. Pannell, appellee, was plaintiff in the court below; Wheeler, ■appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court •Pannell leased lands to one Chandler for the year 1907 and made him advances for that year which in part were unpaid when this suit was begun, January 11, 1908.

From the chancery court of Yazoo county. HoN. G-. GaelaND. Lyell, chancellor. Bates, trustee in bankruptcy, appellee, was complainant in the court below; tbe Commercial State Bank & Trust Company, •appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court.

From the chancery court of Bolivar county. BEoN. JVIaNüel E. DeNtoN, Chancellor. Baker and others, appellants, were complainants in the court below; Bichardson, appellee, was defendant there. The suit was for partition of lands. Erom a final decree in defendant’s favor the complainants appealed to the supreme court.

From- tbe circuit court of Lauderdale county. John L. Buckley, Judge. Easley, appellant, was plaintiff in tbe court below; tbe railroad company, appellee, was defendant there. From a judgment in defendant's favor plaintiff appealed to tbe supreme court. Tbe plaintiff was a passenger on defendant’s railroad; tbe other facts are sufficiently shown by tbe opinion of the-court.

From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Crawford, appellee, was plaintiff in the court below, and the railroad company, appellant, was defendant there. From a judgment in favor of plaintiff, the defendant appealed to the supreme court. The plaintiff sued the defendant railroad company before a justice of the peace for $165, the alleged value of his horse killed by the defendant railroad company.

From tbe circuit court of Leflore county. LIon. Sydney Smith, Judge. Tbe railroad company, appellant, was plaintiff in tbe court below; tbe grocery company, appellee, was defendant there. From a judgment in favor of tbe plaintiff, for a much less ■•sum than tbe demand, plaintiff appealed to tbe supreme court. Tbe railroad company sued tbe grocery company for $67, -claimed as demurrage on cars.

Eeom tbe circuit court of Harrison county. How. William; H. IIabdy, Judge. Eournier, appellant, was indicted and tried for burglary, convicted of petty larceny and appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe case. [Tbe briefs of counsel in tbis case could not be found by tbe reporter, bence no synopses of them are given.]

From tbe chancery court of Newton county. HoN. Samuel Whitman, Jr., Chancellor. Moncrief, appellee, was complainant in the court below; the Independent Order, etc., appellant, was defendant there. From .a decree overruling defendant’s demurrer to the bill of complaint, it appealed to the supreme court.

Neom tbe circuit court of Amite county. Hon Moyse H. Wiliccnson, Judge. Holden and wife, appellants, were plaintiffs in tbe court below, tbe mercantile company, appellee, was defendant there. From a judgment in plaintiffs’ favor for a sum much smaller than tbe demand in their declaration they appealed to tbe supreme court. Tbe suit was for tbe recovery of several separate items of indebtedness.

From tke circuit court of, second district, Bolivar county. HoN.' James M. CashiN, Judge. Casey, appellant, a negro, was indicted and tried for tke murder of one Washington, was convicted and sentenced to suffer deatk, and appealed to tke supreme court. ' Appellant was-indicted on Tuesday, tke second day of tke term.

Teom tbe circuit court of Newton county. HoN Jakes R. Byed, Judge. Tatum, appellee, was indicted for obtaining money under false pretenses. He demurred to tbe indictment, bis demurrer was sustained, tbe indictment adjudged insufficient, final judgment was rendered for defendant and tbe state appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe averments of tbe indictment and presents tbe points decided.

From: the circuit court of Claiborne county. How. JohN N. Bush, Judge. Cade, appellant, was indicted, tried, and convicted of unlawful cohabitation with one Ella Killian, and appealed to the supreme court. The facts upon which the decision turned are stated in the opinion of the court. The application for a continuance should have been granted. It was in due form and supported by the proper affidavit.

The contention that the words “to do with the same as in her judgment she may deem best” are limited and restricted by the provision that she shall have and hold the property during her life, is untenable. It is not the contest of the will. The adverbial phrase “during her life” modifies- the verb “to have” and “to hold,” and the provision “and to do with the same, as in her judgment she may deem best,” is a separate clause of the complex sentence.

Erom tbe chancery court of Quitman county. HoN. MaNUel E. DeNTON, Chancellor. Tbe lumber company, appellee, was complainant in'tKe court below; Sims, appellant, was defendant there. Erom a decree in complainant’s favor overruling a motion to dissolve an injunction, defendant appealed to tbe supreme court.

Erom the circuit court of Wilkinson county. HoN. Motse H. WilxiNSON, Judge. Hart, administrator, appellee, was plaintiff in the court below; Withers, appellant, was defendant there. Erom a judgment in plaintiffs favor against defendant, predicated of a peremptory instruction, the defendant appealed to the supreme -court. The facts are stated in the opinion of the court.

Ruom: the circuit court of Simpson county. .UoN. Robebt L. Bullard, Judge. ■James Ross and Edward Yerger, composing the partnership of Ross & Yerger, appellants, were plaintiffs in the court below, and Simpson county, appellee, was defendant there. From a judgment, predicated of a peremptory 'instruction in favor of defendant, the plaintiffs appealed to the supreme court.

Lbom the circuit court of Amite county. HoN. Moyse H. WileiNSON, Judge. Jenkins, appellant, was indicted, tried for, and convicted of violating Code 1906, § 1286, making it a crime to put up or offer any thing to be raffled, and appealed to the supreme court.

Erom: the chancery court of Kemper county. HoN. Jakes E. MgOool, Chancellor. Mrs. Hammack and others, appellees and cross-appellants, were complainants in the court below; Rosenbaum and others, appellants and cross-appellees, were defendants there. The decree of the court below was unsatisfactory to both parties ■and each appealed to the supreme court.

From the circuit court of Adams county. Hon. Mgyse H. Wilkinson, Judge. Mrs. Marshall and another, administrators de boms non of the estate of Mary Louise Williams, deceased, appellants, were plaintiffs in the court below; Sydney Y. Stratton and others, ap-pellees, were defendants there. From a judgment in defendant’s favor the plaintiffs appealed to the supreme court.

Fe,OM the chancery court of Adams county. HoN. J. S. Hioes, Chancellor. The state of Mississippi and one Dagg, trustee of the estate of' Mary Ella Nutt, appellees, were complainants in the court below; John K. Nutt and the United States Fidelity & Guaranty Company, appellants, were defendants there. The suit was-upon a bond payable to the state. From a decree in favor of' complainants the defendants appealed to the supreme court.. The opinion of the court states the facts.

Ieom the chancery court of Lauderdale county. HoN. Samuel Whitman, Je., Chancellor. Caldwell, appellant, was complainant in tbe court below;. George, appellee, was defendant there. From a final decree denying complainant relief be appealed to tbe supreme court. The case was once before in the supreme court, but the decision then made simply dismissed the appeal because of irregularities.. Caldwell v. George, 46 South. 169.

Neom: the circuit court of Jackson county. How. William H. Hardy, Judge. The Naval Stores Company, appellant, was plaintiff in the court below; Tootle, appellee, was defendant there.

Erom the circuit court of Warren county. Hon. Joi-in N. Bush, Judge. Hardenstein, appellant, a physician, was plaintiff in the court below; Brien, administrator a. t. a. of the estate of Mrs. Elizabeth A. Harper, deceased, appellee, was defendant there. Erom a judgment, predicated of a peremptory instruction, in favor1 of the defendant the plaintiff appealed to the supreme court..

Nrom: the circuit court of Warren county. IloN. Joi-iN N. Bush, Judge. Wells, appellant, was indicted, and tried for and convicted of' the murder of one Margaret Welburn, sentenced to suffer death,, and appealed to the supreme court. The opinion of the court sufficiently states the facts of the case pertinent to the decision made in the cause.

From the chancery court of, second district, Bolivar county. Hon. Manuel E. Denton, Chancellor. ' Mrs. Granger, appellee, was complainant in the court below; Parks, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court.

From tbe chancery court of Yazoo county. {How. Gr. G-arlaND Lyell, Chancellor. Wise, appellant, was complainant in the court- below; Yazoo City, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court. Yazoo City, appellee, initiated statutory proceedings to condemn lands for tbe purpose shown in the opinion of the court; Wise, appellant, enjoined the proceedings, instituting this suit in equity for that purpose.

Erom the chancery court of, first district, Bolivar county. HoN. MaNuel E. DeNtoN, Chancellor. Calvin H. Miller and others, appellants, were complainants in the court below; Emma B., E. Miller and others, appellees, were defendants there. The suit presented an issue devista-vit vel non touching the validity of an instrument in writing purporting to be the last will and testament of Calvin Miller, deceased, which had been admitted to probate in common form.

Íbom the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Lady Brown, appellant, was indicted and tried for and convicted of the unlawful sale of intoxicating liquors and appealed to the supreme court. The facts upon which the decision turned are stated in the opinion of the court. In Code 1906, § 1923, it is provided that a witness may.be examined touching his interest in the cause or his conviction of any crime. Of any crime, means what it says.

BroM the chancery court of Lee county. How. JOHN Q. B.OBINS, Chancellor. ■ Benbrook and others, appellants, were complainants in the court below; Mrs. Yancy, appellee, was defendant there. From a decree in defendant’s favor, complainants appealed to the supreme court. The facts are stated in the opinion of the court. Mrs. Mariah Yancy did not take this property in her own right, but as trustee for all the heirs- of William Triplett. Qil-pairick v. Glidden (Me.), 10 Am.

Feom tbe chancery court of Warren county. HoN. James Stowees HiCKs, Chancellor. Adler, appellee, was complainant in the court below;. Mrs. Floyd and her husband, appellants, were defendants there. From a decree overruling defendant’s demurrer to complainant’s bill of complaint defendants appealed to the supreme court. Appellant, Mrs. Floyd, contracted to build a house for appellee, Adler.

From: tbe chancery court of, first district, Hinds county. HoN. G-. Garlard Lyell, chancellor. The city of Jackson, appellee, was complainant in the court below; the street railroad company, appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court.

From: tbe circuit court of Monroe county., Hon. John H. Mitchell, Judge. Garner, appellee, was plaintiff in tbe court below; tbe rail road company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe, court. Plaintiff bases bis case upon tbe alleged wilful wrong of tbe engineer in not stopping tbe train after seeing and understanding tbe signals or failing to see tbe signals.

Neom the circuit court of, first district, Hinds county. HoN. Wiley H. Pottee, Judge. Hughes, appellee, indicted for embezzlement, pleaded to the jurisdiction of the court. His plea was sustained and he was discharged. The state appealed to the supreme court. The facts are stated in the opinion of the court.

FROM the circuit court of Sunflower county. IIoN. James M. OashiN, Judge. Madame TJpchurch, appellant, was indicted and tried for, and convicted of murdering her husband, was sentenced to the penitentiary for life and appealed to the supreme court. The facts upon which the decision turned are stated in the-opinion of the court.

Ebom tbe circuit court of Montgomery county. Hon. Tames Stone, Special Judge. Thompson, appellant, was plaintiff in the court below; the ■city of Winona, a municipality operating under the Code of’ 1906, chapter entitled “Municipalities,” appellee, was defendant there. Erom a judgment sustaining the demurrer of the city to the declaration and dismissing the suit the plaintiff appealed to the supreme court.

Feoai the circuit court of Quitman county. HoN. Samuel 0. OooKj Judge. Spigener and others, appellees, were indicted for assault and battery, and demurred to the indictment. From a judgment of the court sustaining their demurrer and dismissing the prosecution the state appealed to the supreme court. The opinion of the court sufficiently states the facts. The indictment is in two counts. In the first the deadly weapon is designated, in the second it is described as unknown.

From the circuit court'of Leflore county. How. James M. CashiN, Judge. Weaver, appellee, having been convicted before the mu-* nicipal court of Greenwood for the violation of an ordinance of the city prohibiting the carrying of deadly weapons concealed, appealed to the circuit court, where he was again tried and acquitted, a peremptory instruction having been given in his favor, and the city of Greenwood appealed to the supreme court.

Fuom: the circuit court of Jackson county. I-IoN. William H. Hardy, Judge. Powell, appellant, was prosecuted for and convicted of assisting the purchaser in effecting a purchase and aiding a sale-of intoxicating liquors, and appealed to the supreme court. The facts are stated in the opinion of the court. Defendant had no interest in the liquors, and received nothing for what he did.

From the circuit court of Forrest county. Hon. William H. Cook:, Judge. The Cincinnati, etc., Company, appellee, was plaintiff in the court below; the Watkins, etc., Company was defendant there. From a default judgment in plaintiff’s favor defendant appealed to the circuit court.

Fe,om the chancery court of Lowndes county. HoN. James F. McO'ool, Chancellor. Hahn and others, appellees, were complainants in the court below; Stansel and others, appellants, were defendants there. From a decree in defendants’ favor, sustaining a demurrer to a cross-bill, the complainants appealed to the sujueme court. The facts are stated in the opinion of the court.

Fhom: the circuit court of Smith county. Host. Robert L. Bullard, Judge. Kennedy, a man, and Stella Fraweek, a .woman, appellees,, were jointly indicted for unlawful cohabitation, and pleaded former jeopardy. The state demurred to- the plea; the court overruled the demurrer, and judgment final was entered for -the defendants and the state appealed to the supreme court.

From the chancery court of Smith county. HoN. Samuel WhitmaN, Jr., Chancellor. The Lumber, etc., Company, appellee, was complainant in the court below; Harvey, appellant, was defendant theire. From a decree overruling a demurrer to complainant’s bill, defendant appealed to the supreme court. Since the case turned in the supreme court on the propriety of the appeal a further statement of the facts is deemed unnecessary.

KeoM the decision of Hoe. G-.GaelaNd Lyele, Chancellor, on habeas corpus, liberating Kirby, appellee, from confinement in the jail of Lawrence county. The state appealed to the supreme court. The facts are fully stated in the opinion of the ■court. [The briefs of counsel were withdrawn or lost from the record when it reached the reporter, hence no synopses of them is given.]

From the circuit court of, second district, Jones county. HoN. Robert L. Bullard, Judge. The appellee, Turner, having been tried in the municipal court of the city of Laurel, on a charge of unlawfully using indecent and abusive language in the presence of a female, in violation of a municipal ordinance, appealed to the circuit court.

• Erom the circuit court of Warren county. HoN. John N. Bush, Judge. Weems, appellant, was convicted of peddling without a license, in the court of a justice of the peace, fined $100, and having failed to pay the fine was imprisoned in the county jail, and sued out a writ of habeas corpus. The circuit court remanded him to the custody of the sheriff and he appealed to the supreme court.

Nbom the circuit court of Yazoo county. HoN. Wiley H. Pottee., Judge. Sides, appellant, was indicted and tried for murder, convicted of manslaughter, sentenced to the penitentiary, and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The peremptory instruction asked for by appellant should have been given; it is perfectly clear from the evidence that •Sides acted in necessary self-defense.

<p>Muotcipalitibs. Officers. Removal from office. Constitutional law. Constitution 1890, sec. 175. Cofie 1906, § 3332.</p> <p>Under constitution 1890, sec. 175, providing that all public officers, for willful neglect of duty or misdemeanor in office, shall he liable-to presentment or indictment by a grand jury, and upon conviction shall he removed from office, and otherwise punished as prescribed by law;</p> <p>’(a) A city marshal, elected by the voters, is a public officer; and</p> <p>(5) A municipal ordinance, predicated of Code 1906, § 3332, providing “for the impeachment and removal of elective officers” for willful neglect of duty or misdemeanor in office by the mayor and hoard of aldermen, without indictment and conviction as a, condition of removal, is void.</p>

From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Mrs. Randall, appellant, was complainant in the court below; Smith, tax collector, appellee, was defendant there. From a decree in defendant’s favor the complainant appealed to the supreme court.

From tbe circuit court of Franklin county. Hon. Moyse H. Wiuiinson, Judge. Vollm, appellant, was indicted, tried, and convicted of forgery, and appealed to tbe supreme court. Tbe facts of tbe cáse upon wbieb be applied for a continuance of tbe cause, and tbe case was decided alone upon them, are fully stated in tbe opinion of tbe court. Tbe trial was “railroaded through;” appellant’s application for a continuance should have been granted.

Hbom the circuit court, first district, Panola county. HoN. William A. HoaNE, Judge. House, appellant, was indicted and tried for and convicted of' unlawfully selling intoxicating liquors. One of the petit jurors who was empanneled to and did try him was a member of the-grand jury which at a former term of the court preferred the indictment. On his voir dire examination he affirmed that he was not on the grand jury which found the indictment.

Beom; the chancery court of Copiah county. IIoN. G-. G-aeiaNd Lyell, Chancellor. Mayes, appellee, was complainant in the court below; the city of Hazlehurst, appellant, was defendant there. From a decree overruling a motion to dissolve an injunction defendant appealed to the supreme court. The facts are stated in the opinion of the court.

Eeom tbe chancery court, second district, Coahoma county. IloN. MaNuel E. DektoN, Chancellor. The State ex rel., etc., appellant, was complainant in the court below; the board of levee commissioners, appellee, was defendant there. Erom a decree in defendant’s favor the complainant appealed to the supreme court.

From: tbe circuit court of Jackson county. Hon. William: H. Hardy, Judge. McAlister, appellant, was tried and convicted of violating .a municipal ordinance, prohibiting tbe sale of intoxicating liquors, was sentenced to a fine and imprisonment, and appealed to tbe supreme court. Tbe opinion of tbe court states tbe facts.

Nbom tbs chancery court of, second district, Bolivar county.. HoN. MaNüel E. DeNtoN, Chancellor. Wilkinson, appellant, was complainant in tbe court below Gaines and others, appellees, were defendants there. Ero-m a final decree in defendants’ favor, complainant appealed to the supreme court. The facts are stated in the opinion of the court.

<p>1. Vendob and Vendee. Bona fide purchaser. Notice. Recitals in deed. Chain of title.</p> <p>. While a purchaser'of land is, as a general rule, bound to take notice of all recitals in the deeds constituting his chain of title, yet the rule as one of constructive notice applies only to such recitals as are calculated to put an ordinarily prudent person on inquiry, and they must be so far intelligible that upon proper inquiry they will lead the purchaser to knowledge of the particular fact with notice of which it is sought to charge him.</p> <p>2. Same. Recital of consideration. Other considerations.</p> <p>A recital in a deed to the purchaser’s grantor that its consideration was two thousand dollars “and other considerations” is not sufficient to charge the purchaser with constructive notice that any part of the consideration was unpaid, since it indicated nothing more than that there was a consideration other than the two thousand dollars.</p>

From the circuit court of Nankin county. Hon. James E. Byrd, Judge. The National Bank, appellant, was plaintiff in the court below; Ehodes, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The note sued upon was given to a jewelry company ‘in consideration of its written contract to deliver Ehodes, the maker of the note, designated goods upon terms therein specified.

ON Suggestion of Error. FROM tbe chancery court of Jefferson county. HoN. J. T. Drahe, Special Chancellor. Mrs. Collins and others, appellees, were complainants in the court below; Davenport and others, appellants, were defendants, there. From a final decree in complainants’ favor defendants, appealed to the supreme court. The facts are fully stated in the opinion of the court, reported,. Davenport, v. Gollins, 95 Miss. 358.

Feoh the' circuit court of Lauderdale county. HoN. J. L. Buckley, Judge. Alley, appellee, was tried on the charge of unlawfully assuming to act as a soliciting insurance agent for a foreign insurance company, in violation of the statute law of this state. From a judgment in favor of appellee the state appealed to- the supreme court.

Prom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. The dry goods company, appellee, was plaintiff in the court, below; tbe telegraph company, appellant, was defendant there.. Prom a judgment in plaintiff’s favor, predicated of a peremptory instruction, defendant appealed to the supreme court. The defendant tendered plaintiff the costs for transmitting the message and kept its tender good by paying the money into-court.

Hrom the circuit court of,' first district, Chickasaw county. TIoN. JohN H. Mitci-iell, Judge. Dobbs, appellant, was indicted and tried for, convicted of forgery and appealed to the supreme court. The instrument charged to have been forged was a check on a bank, payable to appellant, for $78, to which the name “I. W. Harrington” was subscribed.

Eeom; tbe chancery court of De Soto county. HoN. Isaac T. Blouet, Chancellor. The state, ex rel. etc., appellant, was complainant in the court below; Wilson and others, appellees, were defendants there. From a decree in defendants’ favor complainant appealed to the supreme court. The defendants were the county treasurer and the members of the board of supervisors. De Soto county worked its roads by contract under the provisions of chapter 123 of the Code of 1906.

Feom the chancery court of Forrest county. IIoN. Thaddeus A. Wood, Chancellor. Hays and others, appellants, were complainants in the court below; Mrs. Bostick and another, appellees, were defendants-there. From a decree in defendants’ favor the complainants appealed to the supreme court.

Erok tbe circuit court of Harrison county. HoN. William: H. Haedv, Judge. . Christ, appellee, was plaintiff in the court below; Madame Sehiaffino, appellant, was defendant there. From a personal judgment in plaintiff’s favor against defendant and adjudging a lien on her property for its payment, defendant appealed to the supreme court. Appellant was the owner of land.

FROM the circuit court of Simpson county. Hon. RobeRt L. Bullard, Judge. The national bank, appellant, was plaintiff in the court below; Lundy, appellee, was defendant there. . From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts are sufficiently apparent from the opinion of the court. [The reporter was unable to find the briefs of counsel in this case, hence no synopses of them are given.]

From the chancery court of Warren county. HoN. James Stowers Hices, • Chancellor. The waterworks company, appellant, was complainant in the court below; the railroad- company, appellee, was defendant there. From a decree dissolving a preliminary injunction and sustaining a demurrer to the bill of complaint the complainant appealed to the supreme court.

From: tbe circuit court of Lincoln county.- HoN. Moyse H. Wii-kiNSON, Judge. Kerl, appellant, was plaintiff in tbe court below; Smith, appellee, was defendant there. Tbe case was begun in tbe court of a justice of tbe peace and appealed to tbe circuit court.

FROM the circuit court of, second district, Coahoma county. How. Samuel C. Cooe, Judge. The Insurance Company, appellee, was plaintiff in the court below; the Board of Levee Commissioners, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.

Eeom the circuit court of Alcorn county. Non. Eugene O. Syees, Judge. The Creek-Neal Coffee Company, a corporation, appellant, was plaintiff in the court below; the Morrison-Hinton Grocery ■Company,, a corporation, appellee, was defendant there. Erom a judgment in favor of plaintiff, for less than its demand, the plaintiff appealed to the supreme court.

Fbom tbe circuit court of Forrest county. HoN. WilliaM H. Cooe, Judge., Tbe Hardware Company, appellee, was plaintiff in tbe court below; Flake, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supr¿me court. Tbe facts are stated in tbe opinion of tbe court.

From tbe circuit court of Lincoln county. HoN. Moysb H. WiLKiNSON, Judge. Hardy, appellant, was indicted in tbe circuit court of Franklin county for embezzlement and upon arraignment pleaded not guilty. Thereafter tbe venue was changed to tbe circuit uourt of Lincoln county.

Eeom the circuit court of Sunflower county. Hon. Jaimes M. Casuist, Judge. Bishop, appellant, was indicted for the murder of one Hutch-ison, was convicted of murder, and sentenced to suffer death, .and appealed to the supreme court. The deceased was shot while sitting in his house, the bullet being fired through the window in the day time by some one ■from the outside of the house.

Fbom the circuit court of, first district, Hinds county. IIoN. Wiley Ií. Potteb, Judge. Madame Gillespie, appellant, was indicted, and tried for and convicted of unlawfully selling intoxicating liquors and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.

From tbe circuit court of Cbpiah county. HoN. Wiley H. Potter, Judge. Mrs. Sumrall, appellee, was plaintiff in tbe court below; tbe railroad company, appellant, was defendant there. From, a judgment in plaintiff’s favor defendant appealed to tbe supreme court.

From the chancery court of Madison county. OEEoN. G. GarlaND Lyell, Chancellor. The Lemon & Gale Company, a corporation, appellee, was complainant in the court below; Stokes, administrator of the estate of Julius Stokes, deceased, appellant, was defendant there. From a decree allowing a claim of complainant against the said estate the defendant appealed to the supreme court.

Feom: tke circuit court of, second district, Chickasaw county. HoN. Joira H. Mitohele, Judge. Guest, appellant, was indicted for manslaughter in the killing of one Benjamin Ward, was tried, convicted, sentenced to the penitentiary for fifteen years, and appealed to the supreme court. The opinion of the court sufficiently states tire facts. The language of the district attorney referred to in the opinion, is ■set forth in the brief of counsel for appellant.