State v. Woodruff

Smith, C. Jv

delivered an opinion dissenting in part.

On a former appeal in this case, reported in 77 Miss. 68, 25 So. 483, this court settled all of its controlling principles, and in 81 Miss. at page 458, 33 So. 78, 79, another appeal herein, said: “The principles of law therein announced [referring to its former opinion] must govern the parties litigant and the lower court in the further progress of this cause.” The court there held: First, that the appellees could not in this proceeding collect the levee taxes due and unpaid on the lands here in question subject thereto for the payment of…