Hodges v. Mills

Me Go wen, J..

For tbe third time appellant, Hodges, appeals this case here. The first appeal is reported in 139 Miss. 347, 104 So. 165. The case was reversed, holding that the lower court was in error in overruling the demurrer to the declaration therein. On the second trial of the case in the court below, a peremptory instruction was granted appellees, and on appeal to this court the case was reversed, same being reported in 149 Miss. 1, 115 So. 112. A sufficient statement of the facts in the present case is found in the former reports given.

The record in the present case discloses that the…