delivered the opinion of the court.

This case was before this court once before, and all questions raised on this appeal were settled adversely to appellant by the opinion of this court as reported in 103 Miss. 374, 60 So. 333. The proceedings upon the second trial in the court below and instruction No. 1 for plaintiff complained of were in accordance with the views of this court, as expressed in our former opinion.

The case is therefore affirmed.

Affirmed.